The house of representatives says it was not served a notice as being a party to a court case on the Electoral Act 2022.
Benjamin Kalu, spokesperson of the house, said this on Friday while addressing journalists.
On Friday, a Federal High Court in Umuahia, Abia state, ordered the Attorney-General of the Federation to delete section 84 (12) of the amended electoral act.
Evelyn Anyadike, the presiding judge, held that the section was unconstitutional, invalid, illegal, null, void and cannot stand.
Anyadike ruled that sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election.
The judge said any other law that mandated such appointees to resign or leave office at any time before that was unconstitutional.
President Muhammadu Buhari had assented to the electoral act amendment bill on February 25.
He, however, asked the national assembly to expunge section 84 (12) of the act, which reads: “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.”
Buhari had said the section disenfranchises serving political officers.
However, the senate rejected the president’s request to amend the clause in the electoral act, while the house of representatives had yet to take a decision on it.
Following the senate’s rejection, the AGF had said the federal government will consider all other options available before taking a position on the matter.
Speaking on the decision of the court, Kalu said the lower legislative chamber is also yet to receive the certified true copy of the judgment.
“The house of representatives was not aware of this legal matter, was not served and is still unaware whether we were necessary party to this matter or not,” he said.
