Seeking Interpretation Of Section 84 (12) By President, AGF Is Right – SAN

2 years ago
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As the controversy generated by the provision of section 84 (12) of the Electoral Act 2022 causes ripples in the polity ahead of the 2023 election, a Senior Advocate of Nigeria (SAN) Kehinde Eleja has asserted that President Muhammadu Buhari and AGF, Abubakar Malami were right in taking the matter to the Supreme Court to seek conclusive interpretation of the clause.

Eleja said it has become imperative that the apex court as the final arbiter should intervene and give their verdict on the clause so as to guide the president, the entire executive and political parties in making decisions that will not affect elected officials in the future.

He said leaving the matter grey amounts to gambling which could be politically injurious if the court turns around to declare the clause invalid as both the Federal Court Umuahia and Abuja Court of Appeal had muted in their rulings on an action filed by an individual regarding the clause.

Section 84 (12) provides that “No political appointee at any level shall be a voting delegate or be voted for at the convention or congresses of any political party for the purpose of the nomination of candidates for any election.”

Federal High Court sitting in Umuahia, Abia State had in March ruled in a case filed by Nduka Edede that the Section 84 (12) in the Electoral Act is unconstitutional, arguing that it violates section 42 (1a) of the 1999 constitution by denying a class of Nigerians their right to participate in an election.

Subsequently, the Court of Appeal, Abuja division, after ruling that the plaintiff had no locus, held that it was a constitutional matter which can only be determined by the Supreme Court.

Following the ruling of Abuja Court of Appeal last week, President Buhari and Attorney General of the Federation (AGF) approached the apex court to decide on the matter.

Speaking at Channels Television Sunrise Daily show on Tuesday morning, Eleja said, “The president’s reaction I believe was as a result of the decision of the court of appeal on that matter so that the president will be careful in taking decision.”

The legal expert commended the high and appellate courts for giving the matter urgent attention considering the fact that primary elections of political parties are fast approaching.

He pointed out that if it were to be in some other places, the issue of section 84 (12) would not have raised dust. According to him, any one taking the business of governance serious would do what is morally right by either resigning as an appointee to face squarely the campaigns if one is seeking for elective office or remain an appointee to work with the incumbent without having an interest in the electoral process at the same.  Buhari had last week ordered members of his cabinet who are seeking elective offices to resign, a development that led to the resignation of about five ministers who are contesting election, apparently to give no room for disqualification or invalidation of any electoral process in the future.

Also, another Senior Advocate of Nigeria Ebun-Olu Adegoruwa had last week stated that as it is, political parties fielding candidates who are public servants are taking political risks, walking on legal landmines.

Victor Ezeja is a passionate journalist with six years of experience writing on economy, politics and energy. He holds a Masters degree in Mass Communication.


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