The Senate has resolved to appeal the judgment of a Federal High Court nullifying the provision of Section 84(12) of the Electoral Act 2022.
The resolution was reached during plenary following the consideration of a motion by Senator George Thompson Sekibo (Rivers East) and co-sponsored by 79 other Senators.
Sekibo, in his presentation, drew the attention of his colleagues to the judgement of the Federal High Court in Umuahia, Abia State, in a suit marked FHC/MU/SC/26/2022.
He explained that the judgement faulted the provision of Section 84 (12) of the Electoral Act 2022 and declared it unconstitutional, invalid, illegal, null void and of no effect.
Senator Sekibo during his presentation noted that Section 4(1)(2) and (3) of the 1999 Constitution as amended vested the power of lawmaking for the Federal Republic of Nigeria on the National Assembly.
He argued that in furtherance to the powers vested in the National Assembly, the 1999 Constitution under the roles of the Executive in Item D that deals with political parties in Section 228(a)(b) and (c) confers more powers on the National Assembly, more particularly on political parties and effective management of the electoral process by the Independent National Electoral Commission (INEC).
The Senate, accordingly, resolved to appeal the judgment in suit FHC/MU/SC/26/2022 for the court to set aside the judgment, noting that same was reached without due consideration of the Constitutional interpretation in Section 318 of the 1999 Constitution as amended.
Bashir Mayere
