The applicability or otherwise of section 84 (12) of the Electoral Act 2022.
By S. A. Adam Esq
Section 84 (12) of the Electoral Act Amendment Bill 2022, introduces new disqualification criteria which contradicts the express provisions of sections 66 (1) (f), 107 (1) (f), 137 (1) (g) and 182 (1) (g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Section 84 (12) of the Electoral Act provides that “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 requires any political appointee who wishes to be nominated by his/her party for any political office, to resign before the convention or congress where the said nomination is to be made. (I.e in cases where the the convention holds earlier than thirty days to the general election).
While the provisions of sections 66 (1) (f), 107 (1) (f), 137 (1) (g) and 182 (1) (g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provide that any person being employed in public service of the federation or of any state, shall be relieved of such service at least thirty days to the date of election.
It is therefore obvious from the aforementioned sections that the only restriction or disqualification placed on a political appointee in this situation within the context of the Constitution is resignation, withdrawal or retirement at least thirty days to the date of the election.
It is pertinent to know that 1999 Constitution of the Federal Republic of Nigeria as amended, is supreme and the ground norm. Hence if any law is inconsistent with the Constitution, the Constitution shall prevail, and that other law shall to the extent of the inconsistency be void. S. 1 (3).
In whole, the provision of section 84 (12) of the Electoral Act Amendment Bill 2022, is inconsistent with the express provisions of the Constitution.
S. A. Adam Esq
+2348066004025
saadams3011@gmail.com
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