May Judges Not Destroy Nigeria, SAN Reacts To Judgement On Electoral Act By Abia Court

Ebun-Olu Adegboruwa, SAN has disagreed with a recent Federal High Court judgment in Abia State which had ordered the office of the Attorney-General of the Federation and Minister of Justice to delete Section 84(12) of the Electoral Act 2022.

He urged the National Assembly and other stakeholders to quickly appeal the decision so as to save the country’s democratic institutions.

THE WHISTLER earlier reported that Justice Evelyn Anyadike held on Friday that the section which bars political appointees from voting or being voted for, runs contrary to the 1999 constitution.

The court subsequently ordered the AGF to delete the section.

Reacting to the development, the AGF, Abubakar Malami SAN had issued a statement describing the court order as a win-win for the country, adding that the verdict would be carried out.

“The provision of Section 84(12) of the Electoral Act 2022 is not part of our law and will be so treated accordingly.

“This is in line with the dictates of chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on enforcement of decisions that makes it a point of duty and obligation on all authorities and persons to have the judgment of the federal High Court, among others, to be enforced,” the AGF had said in a statement.

Meanwhile,Adegboruwa stated in a Facebook post that it was shocking for an Act to be removed or amended without involvement of the National Assembly.

He alleged that the fact that the FG is going ahead to implement such orders was proof that both the executive and judiciary arm of government are bringing problems on the country.

He wrote on Facebook:

“May the judiciary (lawyers and judges) not destroy Nigeria in our lifetime.

“The Electoral Act is an act of the National Assembly. How can you “nullify” an Act without joining the institution that made the Act, so that they can be heard concerning what they did?

“When a defendant (Federal Government) rejoices over a judgment delivered against it as a party, then you know there is problem in Nigeria.

“Let the National Assembly, the political parties and NGOS appeal against the judgment as interested parties.

“Why do you want to hold on to your office as a political appointee and at the same time be a candidate in an election?

“May Nigeria not happen to us in this way.”

Recall that the Peoples Democratic Party (PDP) had obtained an order from a Federal High Court, restraining the National Assembly from amending the Electoral Act.

This was as President Muhammadu Buhari had urged NASS to remove Section 84(12) of the Electoral Act.

The Senate President, Ahmad Lawan had said that the judiciary could not interfere in the constitutional duties of the lawmakers although some of the National Assembly members like Ike Ekweremadu had advised the House to obey the court.

But the NASS later refused Buhari’s request.