… HEADS FOR APPEAL,
ASKS AGF TO HOLD ACTION
The House of Representatives on Wednesday resolved to write
a letter of complaint to the National Judicial Council over the judgment of the
Umuahia Division of the Federal High Court, which asked the Attorney-General of
the Federation and Minister of Justice, Mr Abubakar Malami, to delete Section
84 (12) the Electoral Act, 2021.
It passed the resolution during its plenary in Abuja
presided over by the Speaker, Rep. Femi Gbajabiamila.
The resolution resulted from a matter of privilege brought
to the floor by the member representing Jibia Federal Constituency of Katsina
State, Rep. Sada Soli Jibia.
The lawmaker said the decision of the court was not only
offensive but also an affront on the National Assembly, which had been
empowered by the constitution to make laws for the good governance of the
country.
He also argued that while Section 84 (12) of the Act was
specific in making a provision on "political appointees", the court
mixed it up with another legal provision dealing "clearly with public
servants" and civil servants in passing the controversial judgment.
"For the court to ask an appointee of the Executive to
delete a law properly made by the Legislature is a clear infringement of the
constitutional powers of the National Assembly and a breach of my privilege and
the privilege of the entire House", he stated.
In addition to the decision to draw the NJC's attention to
the intrusion of Justice Evelyn Anyadike (the presiding judge) in parliamentary
matters, the House also said it would appeal the judgment immediately.
Furthermore, the House asked the AGF to hold action on any
steps he planned to take on the matter pending the disposal of all appeal
processes on the judgment.
House Minority Leader, Rep. Ndudi Godwin Elumelu, while
lending his support to Rep Soli's point, noted that Section 66 (1f) of the
constitution, among others, which the judge used in passing the judgment, was
unambiguous in stating how a public servant seeking to contest an election
should resign from office.
Elumelu insisted that Section 84 (12) was a completely new
provision referring to "political appointees."
Speaking in the same vein, the Chief Whip, Rep. Mohammed
Tahir Monguno, observed that by neither joining nor serving the National
Assembly the court processes in the suit, the case dug its own grave early and
advised,
"The proper step for us to take is to appeal the
judgment and apply that we should be joined."
House Leader, Rep. Alhassan Ado-Doguwa, called on
well-meaning Nigerians to condemn the judgment of the court, adding, "Whatever
wisdom the court used to counter a law well passed by this institution, we must
rise against it.
"We must rise and condemn it. We have to appeal the
judgment. We should not allow the judiciary to unnecessarily indict the
National Assembly."
Speaker Gbajabiamila told the House he was surprised when he
read in the papers and watched on television the news of the court
judgment.
The speaker, who said he would not allow the House to be
ridiculed considering, the time members committed to working on the Electoral
Act, added that proceeding on appeal was the definite option.
"The Act was meant to expand the frontiers of
participation in the democratic process and provide a level-playing field for
all aspirants. Same thing we tried to do with the direct primaries
clause."
He said he was also worried that the legislature was not
joined or served the court processes, while the judgment was not only delivered
in faraway Umuahia, but that the plaintiff did not show proof of what injury he
suffered by the provision of Section 84 (12).
Gbajabiamila spoke more, "The fact that the supposed
plaintiff had no injury to be cured baffled me. It's trite law that you must
prove injury before you have a locus in a case.
"Even more damning was the fact that the power of the
legislature was usurped in this matter. Only the Parliament can amend its law.
"So, we will appeal the judgment and have it set aside
for the sake of posterity and for the records."