• Omo-Agege, Orji-– Kalu, Tinubu Fail to Support Motion in Senate

.Reps to Drag Justice Anyadike before NJC

.Ask Malami to Respect Right of Appeal

.No one can Remove a Punctuation Mark from the Law, Except Us -Gbajabiamila

By Jude Opara and Ubong Ukpong, Abuja

The Nigerian Senate and the House of Representatives  on Wednesday moved to restore the provisions of the Section 84(12) of the amended Electoral Act which was nullified by an Umuahia High Court, presided over by Justice Evelyn Anyadike.

Justice Anyadike, had in a controcersial judgment described, that Section of the Act as; “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.

The Umuahia High Court further ordered the Attorney General of the Federation (AGF) to immediately delete the said subsection 12 of Section 84 from the body of the Electoral Act.

The Attorney General of the Federation, Abubakar Malami who strangely appears to be an interested party had immediately set in motion moves to begin the full implementation of the contentious ruling and threatening to gazette it without delay .

The Section 84 (12) of the Amended Act indicates that appointed public Officers with political ambition must resign from their position at least six months before the election.

Coming under Order 42 of the Senate Standing Orders on Personal Explanation during plenary on Tuesday, Senator George Thompson Sekibo (PDP, Rivers East) kicked against the judgment of the Court on Section 84(12).

However, Deputy Senate President, Ovie Omo-Agege who presided over the plenary advised Sekibo to defer his motion to Wednesday when more lawmakers who would be interested in the matter would be seated. 

On Wednesday when the motion entitled: “Urgent need to appeal the judgement of the Federal High Court Umuahia on Suit No: FHC/UM/CS/26/2022 on Section 84(12) of the Electoral Act 2022” was read on the floor of the Senate by Senator George Sekibo, it was obvious that most of the lawmakers were in support of the motion.

A total number of 81 senators co-sponsored the motion.

Senator Abdulahi Sabi seconded the motion. But before putting the question Senate President, Ahmed Lawan said he would rather advise that the motion be forwarded to the Committee on Judiciary for advise.

Senator Gabriel Suswam opposed the Senate President citing the fact that time was of essence and that it was better the matter be taken as presented by the sponsor.

Senator Abbah Moro moved a motion for an amendment of the motion that the Senate should appeal the judgement for the Court to set aside the judgement because it was reached without due consideration of the constitutional interpretation in Section 318 of the 1999 Constitution as amended.

The motion was seconded by Senator Bala Na’allah and when the voice vote was put by Senate President, those in support overwhelmingly carried the day.

Interestingly, it was noticed that some notable senators were not part of those that co-sponsored the motion.

Top on the list were Deputy Senate President, Ovie Omo-Agege; Senate leader, Yahaya Abdulahi; Chief Whip, Orji—Uzor Kalu; Senator Oluremi Tinubu; Rochas Okorocha and Chimaraoke Nnamani.

Also, all three senators from Katsina, the home state of President Muhammmadu Buhari were conspicuously missing from the list.

The House of Representatives also resolved to appeal the court ruling nullifying Section 84(12) of the new Electoral Act 2021.

The House further resolved to drag Justice Evelyn Anyadike of the Federal High Court, Umuahia, Abia state, before the National Judicial Council, (NJC), for explanations and sanctions over her roles in what the lawmakers considered to be an impunity of court and breach of the Constitution.

The judge had on March 18, in her judgement, nullified the section of the Electoral Act and empowered the executive to go ahead and amend it, which appeared quite strange to the principle of Separation of Powers.

The Green Chamber which described the entire processes as “shopping”, said that the plaintiff in the first place, was a “meddlesome interloper,” and asked the AGF, Abubakar Malami, to tarry a while in executing the judgement and respect the right of appeal as provided under the law.

Although the matter initially came up as a point of order on privilege by Hon Sada Jibia, the House, which said it was not just a breach of his privilege but that of the entire House and the institution of the National Assembly, converted it to a motion hence the forgoing resolutions.

Jibia had complained to the House that the Federal High Court usurped the powers of the legislative arm of government by giving meaning to what the legislature never intended and asking the executive arm to amend a law made by the legislature, which had the sole powers of lawmaking, including amendment of laws for the country.

He said that in realizing this function, President Muhammadu Buhari, had written to National Assembly requesting it to delete clause 84(12) but they woke up to hear that “a court somewhere”, had asked the Attorney General to go ahead and amend the law, thereby encroaching into the constitutional function of the legislature.

“My privilege has been breached and that of the House, because you made the law and someone else is amending it”, the lawmaker complained.

In his submissions, Minority Leader,  Hon Ndudi Elumelu, said that Constitution had provided for separation of powers but  it was shameful that “the judiciary interfered in our work by asking the executive to do the work of the National Assembly.”

The opposition leader expressed shock that the judge refused to join the necessary parties in the suit, saying ordinarily, they should have joined the National Assembly, Independent National Electoral Commission, (INEC),  Attorney General of the Federation (AGF), but this was not the case.

He was further shocked that the singular prayer taken to the court was exactly what the President brought to National Assembly, which was to delete the section 84(12), and not even to seek interpretation of the law.

Stressing that the intention of that section of the law was very clear, Elumelu said, “we appoint our aidesand you cannot expect them to claim the same privileges that we have, so also Mr President.”

He said not joining the National Assembly in the suit was calculated at giving jungle justice because, “if they joined National Assembly, we would have explained”, warning the All Progressives Congress (APC), not to take advantage of that judgement because it will be disastrous for them at the end of the day, if they allow people caught up by this law and the supreme Court says otherwise.

Elumelu said, “Apart from appealing the judgement, we must take up the matter with the NJC.”

Also, Hon Ibrahim Olarewaju, who is a practising lawyer, said that the judge acted ultra vires and supported the call by the opposition leader that the judgment be appealed and the judge dragged before the NJC.

Hon Hemman Hembe, counselling the APC in line with the warning of the opposition leader, said, if the APC acts in line with this judgement, “it will totally destroy the outcome of the convention of the APC on Saturday.”

The Chief Whip, Hon Tahir Monguno, who is also a lawyer, floored the judge for not applying the principles of natural Justice, which was fair hearing.

“The court should have made an order for the National Assembly to be joined before any judgement, but it was not so. The whole exercise is exercise in futility. We must apply to be joined as a party and appeal that judgement”, he said.

For the Majority Leader Alhassan Addo Doguwa, this action has now made him to question the kind of democracy that was currently being ran in the country.

“This is the work we were elected to do and no other person can do that function”, supporting the position of his counterpart, Minority Leader, saying, “we have to appeal this judgement and petition those persons  involved to the NJC.

“We must not allow the judiciary to indict this institution. We must condemn this act. We must be allowed to do our job as spelt out by the Constitution”, he said.

In ruling, Speaker, Femi Gbajabiamila, said that the powers of the legislature was usurped by the court, stressing that no one can remove even a punctuation mark from the law, except the legislature that made the law.

“Not for us, but for the sake of posterity, and the records and the institution, we are going to appeal this judgment.

“At least, that mistake has been made and we are going correct it. I do not think anybody foreclosed constitutional rights to appeal.

“I will appeal to the Attorney General from here, not to touch anything on that judgement until the law has been settled. It has to be a settled law. Attorney General, should tarry a while until this law is settled,” the Speaker said.