HURIWA Files Stay Of Execution On Court Judgement Making Political Appointees Delegates In Conventions [DOCUMENTS ATTACHED]

Civil rights group, Human Rights Writers Association of Nigeria (HURIWA), on Tuesday completed court processes asking the Federal High Court in Umuahia to stay execution of its earlier judgment ordering the deletion of Section 84(12) of the amended Electoral Act.

The group filed a stay of execution of the said judgment of the Federal High Court to enable them challenge the judgement at the Court of Appeal.

Section 84(12) of the amended Electoral Act 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.

Her judgement therefore makes it possible for appointees of government to be nominated as delegates who can either vote in convention or congresses or be voted for while still holding their positions.

According to her, a political appointee is required by the constitution to resign 30 days to election where he or she is a contestant and not before convention.

Not satisfied by the judgment, HURIWA on Monday through its counsel, Perfect Okorie, informed the court of the motion of Appeal filed to that effect.

Listed in the motion include the Attorney General of the Federation as defendant/respondent; Nduka Edede as Plantiff/Respondent.

President Muhammadu Buhari had while signing the amended Electoral Act on February 25, this year, said he would approach the National Assembly to amend the provision in 84 (12) on the ground that it violated the constitution.

The President had said: “Section 84 (12) constitutes a disenfranchisement of serving political office holders from voting or being voted for at Conventions or Congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the National Election.

“The section provides as follows: ‘No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election.’

“This provision has introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.

“The practical application of Section 84(12) of the Electoral Bill 2022 will, if assented to, by operation of law, subject serving political office holders to inhibitions and restrictions referred to under Section 40 and 42 of the 1999 Constitution (as amended).”

Several opposition figures have however kicked against the deletion of section 84 of the newly signed Electoral Act.

They argue that it gives an appointed official of government an undue advantage to remain in office while pursuing political ambitions, a situation that can relegate governance to the back seat.