By Savinews Reporter, Abuja
OrderPaperToday -Following a Federal High Court Judgement, Friday, which declared Section 84 (12) of the amended Electoral Act illegal, the Chairman Senate Senate Committee on Media and Publicity, Senator Bashiru Surajudeen Ajibola, has declared that he was not aware of the suit.
Sen. Ajibola who is representing Osun Central Senatorial District was speaking with newsmen shortly after the court judgement.
The Federal High Court in Umuahia, Abia State on had declared Section 84 (12) of the amended Electoral Act illegal and ordered the Attorney General of the Federation to delete the section.
President Muhammadu Buhari had written the National Assembly asking them to delete the section as it would deprive political appointees of their right to vote and be voted for.
In a suit marked FHC/UM/CS/26/2022, the judge 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.
It was also stated that any other law mandating 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.
The Judgement thereafter mandated the Attorney General of the Federation to forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act, 2022.
OrderPaper.ng had reported that Senators voted overwhelmingly against the Bill to stop it from being read a second time.
Recall that the move to reject the Bill was made by Senator Adamu Muhammed Aliero (APC, Kebbi South) for it to be stepped down after the Senate Leader, Yahaya Abdullahi (APC, Kebbi North) moved a motion for the bill to be read a second time.
Relying on the provision of Rule 52(5) of the Senate Standing Order, Sen. Aliero drew the attention of his colleagues to that effect.
Order 52(5) provides: “Reference shall not be made to any matter on which a judicial decision is pending, in such a way as might in the opinion of the President of the Senate prejudice the interest of parties thereto.”
The Lawmaker, therefore, advised the upper chamber to step down consideration of the bill pending the vacation of an order made by the Federal High Court in Abuja.
“Going ahead to consider the bill obviously will mean that we are disrespecting that order, and this is an institution of the Senate – the symbol of Nigeria’s lawmaking body.
“We should not be seen to be disobeying the court order. No matter how bad that court order is, we should respect it,” Aliero stressed.
Meanwhile, the Senate Spokesperson, has said that he is not aware of the suit and whether the National Assembly was a party or was served and/or represented.
“I have also not seen or read the judgment or whether the National Assembly has been served with the judgment or any order of the court. I cannot react to newspaper reports of court judgment without seeing the actual court judgment”.
