President Muhammadu Buhari has been urged to refrain from armed twisting the judicial process as it relates to the interpretation of the Electoral Act, section 84 and subsection 12 and 13 as this could amount to the breach of the role of the Judicial arm of government.
Giving the warning in Port Harcourt, Rivers State on Monday, Rt. Hon. Dumnamene Dekor who represents Khana/Gokana Federal Constituency in the House of Representatives said it was wrong for the government appointees to remain in office while declaring their intentions to contest various elective positions in the forthcoming 2023 general elections.
Dekor explained that though the National Assembly had already appealed the ruling of March 18 Federal high court in Umuahia to the effect that the Electoral Act was contrary to the 1999 constitution, the section 84 of the Electoral Act “was well thought section”.
He said that “those who are in public offices will take undue advantage of those who are also in the race. Take for instance, if you are an aide to a governor or president or any elected official, it means that you ought not to remain in office until you resign.
“If I am a commissioner or minister for instance, and I am running for the House of Assembly, then it means that I will use the influence or advantage of my office to edge out whoever is contesting against me. The National Assembly took a lot of things into considerations. We are still on it. The National Assembly is already in court to appeal the matter”, Dekor said.
Both President Buhari and the Attorney General of the Federation, Abubakar Malami (SAN) had argued that section 84 of the Act “prejudices and impedes the constitutional rights of most Nigerians to participate in the electoral processes or primaries of their political parties, but Hon Dekor reminded that the President has no power whatsoever to interpret the law.
“He (Buhari) has no such powers. He cannot arrogate judicial powers to himself. Mr. President has no such powers, with all sense of respect. Laws are made to be interpreted by the judiciary. He has no such role to interpret the laws because he is the head of the executive and head of government.
“He cannot interpret a law which has already been passed and which he had assented to only to turn around to say that the electoral act is a breach of the constitution. Those who advise him should look at the Act deeply before they give him such advice. The President was ill-advised, in my opinion”, he said.
Source: https: independent
