The House of Representatives has resolved to appeal the Federal High Court judgment that voided section 84(12) of the Amended Electoral Act. This followed the adoption of a motion by Rep. Sada Soli (APC-Katsina) at the plenary on Wednesday.
Presenting the motion, Soli said that the judgment was not only an assault but an attempt to oust the jurisdiction of the parliament.
“This is an infringement on the powers and rights of all parliamentarians and of the National Assembly as a whole,” he said.
The lawmaker said that the aim of section 84(12) was to give a level playing ground to all aspirants seeking elective offices in the country.
The Minority Leader, Rep. Ndudi Elumelu (PDP-Delta) said that sections 66 (1f), 107 (1g) 137(1g), and 182 (1g) of the Constitution were clear on who should be regarded as a civil servant.
He said that the sections made it clear that a civil servant must resign from office at least 30 days before contesting for any election in the country but remained silent on political appointees.
“The court could refer the issue back to the parliament to amend the law if need be and not to ask somebody somewhere to delete an act of parliament, this is contrary to the principles of separation of power.
“I think the house should condemn this and write a petition to NJC because it is an infringement on the parliament,’’ he said.
Rep. Hammen Hembe (APC-Benue) said that he was worried that the same words used by the President in his communication to the house were used in the judgment.
He said that section 84(12) of the Electoral Act had nothing to do with civil servants but political appointees and aides, saying that they cannot have the same privileges as civil servants.
In his ruling, Speaker Femi Gbajabiamiala expressed concern over the development.
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