Monday, September 26, 2022

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‘A great error’ – Falana faults Judiciary for deleting Section 84 (12) of Electoral Act

Senior lawyer, Chief Femi Falana (SAN), has faulted the decision of a Federal High Court sitting in Umuahia to order he deletion of Section 84 (12) of the amended Electoral Act.

The section bars political appointees at any level to vote or be voted for “at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election”.

In expunging the section from the Electoral Act, Justice Evelyn Anyadike posited that such a clause was unconstitutional.

However, in a statement Saturday, Mr Falana argued that “the learned trial judge fell into a great error.”

He said:

“Sections 66 (1) (f), 107(1) (f),137 (1) (f) and 182 (1) (f) of the Constitution relied upon by his lordship require persons employed in the public service of either the Federal Government or State Governments,” he said. “Specifically, each of the aforesaid sections provides that “No person shall be qualified for election into the Senate or House of Reps if:

(f) he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment 30 days before the date of election.”

By virtue of section 318 of the Constitution, political appointees are not included in the list of persons employed in the public service. To that extent, section 84 (12) of the Electoral Act was annulled on a very faulty ground.

No doubt, the Judge would have dismissed the case if his attention had been drawn to the cases of DADA v. ADEYEYE (2005) 6 NWLR (Pt. 920) 1 at 19 ASOGWA v. CHUKWU (2003) 4 NWLR (Pt. 811) 540 OJONYE V. ONU & ORS (2018) LPELR-44223) where the appellate Courts have held that political appointees or political office holders are not public servants as provided for under the Constitution.”

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