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Electoral Act : My view on the court judgment on Section 84 (12)-Ma’aruf Mohammed Yakasai

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My opinion on the decision of the Federal High Court Umuahia, Abia State regarding expunging section 84 (12) of the Electoral Act 2021 as it affects political appointees.

  1. The First starting point is that the amendment passed through a rigorous Legislative Process and assented by the President which makes it part of the Laws in Nigeria and takes effect immediately

2.The Federal High Court is the first step in the hierarchy of determination of such matters and subjected to appeal at the Court of  Appeal and finally the Supreme Court and the Decision can be set aside

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  1. The Independent National Electoral Commission (INEC) has already released a time table for Party primaries and the General Election therefore where a candidate contest on a platform of a political party and the party wins an election with a candidate affected by the Section , the votes will be declared as wasted votes in line with the decision in Bello Matawalle’s case by the Supreme Court in 2019 where all the APC candidates who won election on the platform of the party lost their respective offices and PDP candidates in the election took over ..

Read Also:We have options to deal with rejected electoral act amendment – Malami

The most important thing for any political appointees willing to contest for an election is to step down on his own regardless of the decision to avoid being caught by the amendment.. .a word is enough for the wise ..

Ma’aruf Mohammed Yakasai Esq , 20 years experience in pre election and Election petition matters ..

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