The Federal High Court sitting in Umuahia has today struck down Section 84(12) of the newly amended Electoral Act and ordered the Attorney General of the Federation to forthwith Delete Section 84 Subsection 12 from the Electoral Act.
The Court said Political Appointees can only Resign 30 Days to Election. It upholds Section 66 Subsections 1f, 107 subsection 1f, 137 1f, and 182 sub 1f of the 1999 Constitution as Amended as the only Requirements for Resignation by Political Appointees.
The court in a judgment delivered by Justice Evelyn 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.
Justice Anyadike in the Suit marked FHC/UM/CS/26/2022 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 and that any other law that mandated 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.
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. The Judge thereafter ordered the Attorney General of the Federation to forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act, 2022.