…To report judge to NJC for empowering AGF Malami to delete Section 84(12)
The House of Representatives, yesterday, vehemently condemned the judgment of a Federal High Court in Umuahia, Abia State, which ordered the deletion of section 84(12) of the Electoral Act.
The House also took a resolution to formally write a letter of complaints to the National Judicial Council, (NJC).
The House also urged the Attorney-General and Minister of Justice, Abubakar Malami (SAN) to tarry a while and not to frustrate or deny the national right of appeal until the last day of the appeal, as given by the law.
This is just as the House is reportedly considering reporting Justice Evelyn Anyadike, of the Federal High Court, Umuahia, to the National Judicial Council, (NJC), for nullifying the provisions of the controversial Section 84(12). The House also resolved to appeal the judgment and have it upturned.
Several members of the House, at the plenary yesterday, criticised the Judiciary and the Executive for usurping the powers of the legislature, stating that only the parliament and not a presidential appointee can amend the law.
The House Speaker, Femi Gbajabiamila, said he got to know about the case on the media. He said he discovered that the chamber was not served any notice, since it was not a party to the suit.
Gbajabiamila, while saying President Buhari was rightly advised to approach the National Assembly for amendment of the Act, stated that he would not sit back and allow the National Assembly to be ridiculed under his watch.
The Speaker said it was curious that the NASS was joined in the suit and the judgment was secured from a court in Umuahia. He stated that the parliament must appeal the judgment and ensure that it was set aside. According to him, it is a mistake, and therefore, the lawmakers must correct it. Gbajabiamila appealed to the AGF to “tarry” and not take over the responsibility of the National Assembly.
Recall that on Friday, Justice Anyadike had held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever, saying it ought to have been struck out.
Meanwhile, the National Assembly had been divided over the ruling by a Federal High Court, Abuja, stopping President Buhari, Minister of Justice and AGF, Malami (SAN), and the NASS from tampering with the Electoral Act 2022.
While the Senate had insisted on going ahead to consider the request by the President, who asked the lawmakers to delete the controversial section, the House said it would obey the court.
President of the Senate, Ahmad Lawan, had stated that the ruling by the FHC negates the principles of Separation of Powers. The chamber had gone ahead to consider the Executive Bill for second reading and voted against it. However, Chairman of the House Committee on Media and Public Affairs, Benjamin Kalu, while addressing newsmen on Tuesday, argued that the chamber would obey the Rule of Law principle.
President Buhari, while assenting to the Electoral Act 2010 (amendment) Bill at the Presidential Villa in Abuja on February 25, had highlighted sections of the new law that would revolutionalise the electoral system in the country, but expressed reservations about Section 84(12), asking the lawmakers to delete it.
