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.
The resolution resulted from a matter of privilege brought to the floor by the member representing Jibia Federal Constituency of Katsina State, Hon. 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 said it would appeal the judgment immediately, so
the AGF should 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, Hon. 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. He insisted
that Section 84 (12) was a completely new provision referring to “political appointees.”
Also, the Chief Whip, Hon. 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.
On his part, the House Leader, Rep. Alhassan Ado-Doguwa, called on well-meaning Nigerians to condemn the judgment of the court, saying, “Whatever wisdom the court used to counter a law well passed by this institution, we must rise against it and condemn it. We have to appeal the judgment. We should not allow the judiciary to unnecessarily indict the National Assembly.”
The speaker of the house , Hon. Gbajabiamila, expressed how baffled he was.
“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.”he said.
