The Senate on Wednesday resolved to appeal the judgement of a Federal High Court in Abia State, which nullified the controversial section 84 (12) of the amended Electoral Act, BLOGARENA learnt.
This followed a motion by Senator George Thompson Sekibo (PDP, Rivers) and 80 others on the floor of the Senate.
The section requires ministers, head of agencies and other political appointees to resign before participating in primaries, convention and other electoral activities.
The Federal High Court sitting in Umuahia, on Friday nullified Section 84(12), saying it was a violation of the provisions of the constitution.
It therefore ordered the Attorney General of the Federation to forthwith delete the said subsection 12 of Section 84 from the body of the Electoral Act, 2022.
But the Red Chamber, in a unanimous decision, resolved to appeal the judgement for the court to set it aside.
Sekibo, in its lead debate, noted that the Electoral Act, 2022 enacted by the National Assembly followed due process of the provisions of the 1999 Constitution as amended.
“The Senate opines that Section 84 (12) of the 2022 Electoral Act exclusively refers to nomination conventions and congresses called for candidates selection and not participation in the general election’s which Sections 66(1)(f), 107(1)(f), 137(1)(g) and 182(1)(g) were referring to,” he said.
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