Femi Falana, a Senior advocate of Nigeria and human rights advocate, has criticized a Federal High Court in Umuahia’s decision to strike down Section 84 (12) of the modified Electoral Act.
The clause prohibits political appointees at all levels from voting or being voted for “at any political party’s Convention or Congress for the purpose of nominating candidates for any election.”
Such a clause, according to Justice Evelyn Anyadike, is unconstitutional.
Mr Falana, on the other hand, said in a statement acquired by Channels Television on Saturday that “the learned trial judge made a grave error.”
He said:
Sections 66 (1) (f), 107(1) (f),137 (1) (f) and 182 (1) (f) of the Constitution relied upon by his lordship require persons employed in the public service of either the Federal Government or State Governments,” he said. “Specifically, each of the aforesaid sections provides that “No person shall be qualified for election into the Senate or House of Reps if:
(f) he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment 30 days before the date of election.”
By virtue of section 318 of the Constitution, political appointees are not included in the list of persons employed in the public service. To that extent, section 84 (12) of the Electoral Act was annulled on a very faulty ground.
No doubt, the Judge would have dismissed the case if his attention had been drawn to the cases of DADA v. ADEYEYE (2005) 6 NWLR (Pt. 920) 1 at 19 ASOGWA v. CHUKWU (2003) 4 NWLR (Pt. 811) 540 OJONYE V. ONU & ORS (2018) LPELR-44223) where the appellate Courts have held that political appointees or political office holders are not public servants as provided for under the Constitution.
