The Abia State division of the Federal High Court sitting in Umuahia on Friday ordered the Attorney-General of the Federation, AGF, Abubakar Malami to delete Section 84 (12) of the amended Electoral Act without delay.
Justice Evelyn Anyadike ordered Malami to delete the section of the Electoral Amendment Act “forthwith” because it’s unconstitutional.
In her judgment, Justice 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.”
She ordered that the Attorney General of the Federation “forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act, 2022”.
President Muhammadu Buhari recently signed the amended Electoral Act.
He appealed to the National Assembly to delete the provision claiming that it violated the Constitution and breached the rights of government appointees.
Counsel to the Plaintiff Emeka Ozoani, SAN while addressing newsmen stated that by this judgment, the National Assembly is not required to further make any amendments to the section as the import of this judgment is that Section 84(12) of the Electoral Act is no longer in existence or part of the Electoral Act.
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