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Reps to appeal repeal of section 84(12), reports judge to NJC

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House of Reps expressed disappointment and displeasure with the judgement nullifying section section 84(12) which they said was aimed at usurping the powers

The House of Representatives has resolved to appeal the judgement of the Federal High Court sitting in Umuahia, asking the Attorney General of the Federation to delete section 84(12) from the Electoral Act Amendment Bill recently signed into law by President Muhammadu Buhari.

The presiding judge, Justice Evelyn Anyadike, had held that the section 84 (12)was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.”

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Members of the House of Reps expressed disappointment and displeasure with the judgement nullifying section section 84(12) which they said was aimed at usurping the powers of lawmaking conferred on them by the 1999 Constitution as amended.

The House of Reps also resolved to petition the National Judicial Council(NJC) about the conduct of the judge who gave judgement against the National Assembly in nullifying section 84 (12) even when they were not necessary parties to the suit.

Former chairman of the National Human Rights Commission (NHRC), Professor Chidi Odinkalu, has also faulted the process used by the presiding judge that nullified section 84 (12) of the Electoral Act. 

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A copy of the judgment quotes the court saying the decision to nullify section 84(12) of the Electoral Act was taken after ‘hearing’ counsel in the matter and after ‘due consideration.’

For Odinkalu, that process sounds corrupt and crooked, arguing that courts don’t make an order by hearing nor do they go into due consideration. 

He said: “This is a corrupt & crooked order on its face. When a case comes up for judgment, contrary to the text of this order, the court does not “hear” counsel nor does it go into “due consideration”. It simply proceeds to judgment after taking appearances. This judge is clearly corrupt.”

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