Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’, Says Falana

Senior Advocate of Nigeria and human rights advocate, Femi Falana, 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”.

According to Justice Evelyn Anyadike, such a clause was unconstitutional.

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

He added:

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(f) he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment 30 days before the date of election.”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

https://www.channelstv.com/2022/03/19/electoral-act-deletion-of-section-84-12-a-great-error-says-falana/amp/

Ftc happy weekend nairalanders

Ok

What about Oni v Fayemi at the Appellate Court?

That is the most recent and declared Dada v Oniyeye & Ojonye v Onu per incuriam.

Supreme Court will help us.

Confusion everywhere.

All I know is that Osinbajo will declare his intent to be the CEO of Nigeria and when he does, the hosts of heaven will back him, Nigerians home and away will rejoice, on the day he declares, there will be rejoicing all over the land of Nigeria.

He will contest and he will win.

I present to you the incoming president of the federal republic of Nigeria.

Putin send some nukes to this country, make we reset. Anybody wey remain, na him luck.

Uhnnn

We all know that anything that wil not favour de evil party APC must be swept under de carpet

Ndi mgbu

issokay

First to comment. Thank God.

Fatal error in deed

keeper303:

First to comment. Thank God.

You do well. Congratulations. Mumu

Intellectual confusions

Interesting...

Every simple thing must look complex in naija.

keeper303:

First to comment. Thank God.

Eeyah sori na your name

Miscarriage of Justice.

Between, why is other party involved not appealing before Malami took action.

I don't understand, didn't they go through it before signing into law?

This is getting interesting. Malami fighting tooth and nail because he wants to become the governor of Kebbi state. He is such a greedy man. He's bought up almost all the available parcel of land in Birnin-Kebbi metropoly.

lalastimlala:

You do well. Congratulations. Mumu

flipboss:
This is getting interesting. Malami fighting tooth and nail because he wants to become the governor of Kebbi state. He is such a greedy man. He's bought up almost all the available parcel of land in Birnin-Kebbi metropoly.

Since I was born...
I have Neva seen a dull AGF like da Malami

Such a looser

---

Tufiakwa

Lmao � � � � �

lalastimlala:
Putin send some nukes to this country, make we reset. Anybody wey remain, na him luck.

A law that's come into effect is being chopped up to satisfy a few. God help us

Mr Falana Just put sand sand into malami garri...lol.

Malami go dey toilet now for the fifth time...

This man just think all this big grammar will solve Nigerian problem

edris09:
Lmao � � � � �

Bros no be laffing mata be this. This cowntry na comedy skit

I knew they would either strike this out or maneuver it. Nigerian politicians are individuals whose aim is to steal its national treasures and feed the masses with lies!

flipboss:
This is getting interesting. Malami fighting tooth and nail because he wants to become the governor of Kebbi state. He is such a greedy man. He's bought up almost all the available parcel of land in Birnin-Kebbi metropoly.

I'm glad you can see through his theatrics.

That man no be here.

Both Malami and the judge that gave that controversial judgement are quota system lawyer. U don't expect me to call Malami a quota system lawyer while leaving her out irrespective of where she comes frm.