Let Section 84(12) Cuts Across In The Spirit Of FAIRNESS And EQUITY!
For about two weeks, there have been series of reports and commentaries on the judgement delivered by Justice Evelyn Anyadike, ordering the Honourable Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, to delete Section 84(12) of the Amended Electoral Act.
We, at the EQUITY AND JUSTICE IN POLITICS AND GOVERNANCE MOVEMENT, have watched with keen interest, the commentaries of lawyers, politicians, civil society organisations and stakeholders in the Nigeria project and we feel that as a VERY RESPONSiBLE organisation, we should also add our voice to the very delicate and controversial matter.
We described the order of the court as ‘delicate’ because if it is not well handled, it could get out of hand.
The Federal High Court sitting in Umuahia, on March 18, 2022 struck down Section 84(12) of the newly amended Electoral Act which President Muhammadu Buhari had written to the National Assembly to delete.
The court in a judgment delivered by Justice Evelyn Anyadike, held that the section was 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.
President Muhammadu Buhari, had while signing the amended Electoral Act urged the National Assembly to delete the provision as it violated Constitution and breached the rights of government appointees. The President further wrote a letter to both Chambers of the National Assembly seeking amendment by way of deleting the provision an amendment the Senate rejected in plenary.
Justice Anyadike in the Suit marked FHC/UM/CS/26/2022 held that Sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election and that any other law that mandated such appointees to resign or leave office at any time before that was unconstitutional, invalid, illegal null and void to the extent of its inconsistency to the clear provisions of the Constitution.
With this judgement, the National Assembly is not required to further make any amendments to the section as the import of the judgment is that Section 84(12) of the Electoral Act is no longer in existence or part of the Electoral Act.
We commend the Honourable Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, for the swift action taken to give effect to the judgement and also for coming out categorically to say that his office will not be appealing the judgement.
The makers of the law obviously have an agenda for inserting the section into the amended Electoral Act and it is to shot out political appointees from contesting the next general election.
According g to the 1999 Constitution, both elective and appointed persons in public office are all public officers.
If the law gives political appointee 30 clear days to resign from office before contesting for an elective position, why amend that section to be one year. If indeed the lawmakers are sincere and fair, they should also amend the law and cut short their stay in office before standing for another election.
Like we said earlier, their is an agenda and thank God for our courts that stood up to the injustice and truncated it
With the verbal attack on the Honourable Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, since the judgement was delivered, it is obvious that some persons do not MEAN well for the country.
In about seven years of his appointment as the Honourable Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, he has faced very serious criticisms from those who obviously are no longer benefitting from the bad system the country was operating before President Muhammafu Buhari assumed office in 2015 as the President and Commander-in-Chief of the Federal Republic of Nigeria.
We can bodly say that Mr Malami is the most criticised AGF in the history of Nigeria but we are not surprised because even, the Holy Book, the Bible says in Matthew Chapter 7 verse 14, ”But the gate is narrow (contracted by pressure) and the way is straitened and compressed that leads away to life, and few are those who find it.”
With this verse from the Holy Book, the
Honourable Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, should not be bothered with what the public says as long as it is the right thing and it is inaccordance with the law and his conscience is clean and clear on such issue.
In this world, many prefer lies than to follow the truth and in our national life as a nation, lies will take us nowhere because before the present administration came into office, Nigerians are daily being fed with lies, not only that, the laws are also being turned upside down.
Those who see the truth and do it and also stand on it will gather so much enemies to themselves but liers will always gather many friends.
The Honourable Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, sees the truth, does it and stand on it, that is why he has so many enemies but our advise to him is that he should not be bothered with what anybody says or does, as long as it is the truth and also in line with the oath of office he took.
The Honourable Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, Sir, you can be rest assured that responsible civil society organisation like our will always stand by you to defend your policies which we adjudged to be right but where we feel such policy is anti-people, we will not hesistae to say it.
We want to be emphatic about this and we dare say that both elected and appointed public officers should be treated equally, If the law is to have universal applicability
As we have pointed out earlier, the law is selfish and discriminatory, if it applies only to appointed public officers. We therefore state that the Section should be expunged or in the spirit of fairness and equity, both should be asked to resign
Already, there is confusion in the All Progressives Congress, APC, with the election of Senator Abdullahi Adamu
(APC, Nasarawa West) and Senator Abubakar Kyari (APC, Borno North) , who are Chairman and Deputy Chairman of the party.
Since their emergence as key members of the National Working Committee (NWC) of the ruling party, tongues are wagging over their seats at the National Assembly.
As it stands, both of them are now occupying two offices, which is contrary to the law.
Adamu has been representing Nasarawa West since 2011, while Kyari has been in the Senate since 2015 when he was first elected to represent Borno North Senatorial District.
If there is sincerity of purpose, the makers of the law should have thought it wise to say that a public officer, both elected and appointed should resign from office before standing for another elective office.
As it stands now, the law favours one set of public officers while some others are disadvantaged. If we may ask, where is JUSTICE and EQUITY in the law?
The law, we dare say, is self-serving and discriminatory and we are of the view that the National Assembly should make laws with universal appeal and in the interest of the nation, not discriminatory and self-serving laws that end of creating confusion.
The National Assembly should urgently address this issue in their legislations.
EQUITY AND JUSTICE IN POLITICS AND GOVERNANCE MOVEMENT is making this call in view of the recent development where serving Senators and other elected officers were not required to resign before contesting any post but appointee of government are expected to do so..
The lacuna and situation where elected officers could get to the level of having two or more positions without resigning before contesting, simply because they are elected, does not say good about our laws and democracy.
The National Assembkybshould urgently act and address the situation for the sake of JUSTICE and EQUITY
Signed
Momodu H. Tarka
Convener
