Minister of Niger Delta Affairs and presidential aspirant, Godswill Akpabio, has said Section 84, sub-section 12 of the Electoral Act can’t stand the test of legality.
The section, among other things, stated that aspirants must resign government positions before vying for elective offices.
The said Section 84, sub-section 12 of the Electoral Act states, “No political appointee at any level shall be a 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.”
However, while appearing on Channels TV’s Politics Today on Thursday, Akpabio averred that the section has been declared illegal by an Abia court, hence it does not exist.
He said the president Muhammadu Buhari had his reservation about the section as he pointed out that it was not in tandem with Nigeria’s constitution.
He said, “In terms of section 84(12), it speaks about elections. If you wish to go into primary, you should try to resign before you go there.
“Even before Mr. President signed the bill, he had mentioned that it was not in line with the Nigerian constitution which contemplates 30 days before elections.
“So, no matter the act of parliament, no matter the law, the constitution is superior to any act of parliament. Moreover, it was shut down by a court of competent jurisdiction somewhere in Umuahia. So for now that law doesn’t exist.”
He stated that he wasn’t worried about the law because the constitution superceded it.
“I would have been worried about how the appeal would go but for the constitution. It depends on the constitution at the end of the day. It’s not a constitutional amendment,” he said.