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The federal government has announced its intention to implement the court ruling allowing political appointees to run for office without resigning.
Attorney General and Justice Minister Abubakar Malami made the government’s position known in a statement on Friday.
FG’s announcement came hours after a Federal High Court sitting in Umuahia on Friday struck down section 84(12) of the recently amended electoral law, saying it violated provisions of the Constitution.
The Senate had earlier unanimously rejected the Election Law Amendment Bill sent by President Muhammadu Buhari.
However, elected officials, including governors, deputy governors, the vice president, and members of the National Assembly and state legislature will be allowed to run and participate in the primaries.
Section 84(10) of the Act specifically reads: “No politically appointed person at any level shall be a voting delegate or be elected to a convention or congress of a political party for the purposes of nomination of candidates for election.”
However, on Friday the court, in a ruling by Judge Evelyn Anyadike, ruled that the article was unconstitutional, invalid, illegal, null, void and of no effect, saying it should have been removed.
Mr. Nduka Edede, lawyer and leader of the Action Alliance party, addressed the court in the context of the action against the Attorney General of the Federation.
The plaintiff had asked the court to determine whether section 84(12), read in conjunction with sections 66(1)(f), 107(1)(f)(137(1)(f) and 182(1) (f) of the 1999 Constitution, was not inconsistent.
Reacting in a statement, Malami said, “The office of the Federation Attorney General and Minister of Justice will therefore give effect to the judgment of the Court in accordance with the precepts of the law and the spirit of the judgment.
“The judgment of the Court will be recognized by the government printers when printing the electoral law.
“The law will be published in the Official Gazette taking into account the effect of the judgment and removing the constitutionally offensive provision accordingly.
“The provision of section 84(12) of the Elections Act 2022 does not form part of our law and will be dealt with accordingly.
“This is in line with the precepts of Chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on the enforcement of decisions which makes it a duty and obligation for all authorities and persons from whom the judgment of the Federal High Court, among others, is carried out.

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