Why Court Ruled Against Section 84 (12) Of The Amended Electoral Act | READ DETAILS

A Federal High Court sitting in Unuahia, Abia State, has agreed with President Muhammadu Buhari on the need to delete Section 84 (12) of the newly signed 2022 Electoral Act.

Buhari had after assenting to the bill, returned it to the Senate requesting that the section be removed from the Act.

Section 84(12) of the Electoral Act restricts serving political appointees from voting or being voted for during party primaries without first resigning their current positions.

The senate had refused to grant the president’s request.

Ruling on Friday, March 18, Justice Evelyn Anyadike of the Federal High Court ordered the Attorney-General of the Federation (AGF), Abubakar Malami to delete Section 84 (12) of the amended Electoral Act without delay as it is unconstitutional.

According to the judge, the section is “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.”