Lawmaker, Toby Okechukwu (PDP-Enugu State) has commended the Appeal Court for setting aside the judgment of a Federal High Court in Umuahia which voided Section 84(12) of the Electoral Act 2022.
Okechukwu who is Deputy Minority Leader of the House of Representatives, gave the commendation when he moved a motion of Personal Explanation at Wednesday’s emergency plenary.
Section 84(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.’’
The Appellate Court, however, held that the provision was unconstitutional as it violated Section 42 (1) (a) of the Constitution and denied some citizens the right to participate in the election.
Okechukwu said Section 84(12) of the Electoral Act 2022 seeks to provide a level playing ground for all aspirants and to ensure the smooth running of state institutions.NAN reports.
“As a matter of fact, it is very clear that critical institutions like the CBN, Attorney General of the Federation and other positions and people occupying those positions are running for elections without resigning.
“I am happy that the Appeal Court in the interim has set this aside, the judgment voiding of section 84 (12) so that institutions of the State can run smoothly.
“You can imagine what happens to our stock market, our monetary policies when these superintendents get into the arena and begin to play the ball without leaving office.
“I want to thank the court, I am sure this will be further tested in the Supreme Court, but in the interim, the amended of that section by the Umuahia Court has been set aside,’’ he said.
The Deputy Speaker of the House, Ahmed Wase who presided over the plenary, ruled Okechukwu out of order for commending the Appeal Court.
He said that Okechukwu was experienced enough as a lawmaker to know when to bring up matters of personal explanation.
“Unfortunately Lawmaker, Toby, you are an experienced legislator, you should know the point and at what position you are to bring your personal explanation.
“So by our rules, you are ruled out of order,’’ he said.