The House of Representatives has resolved to appeal the Federal High Court judgement against the controversial section 84(12) of the Electoral Act amendment Bill, recently assented to by President Muhammadu Buhari.
The President had immediately after assenting to the Bill, requested that the said clause which bothered on resignation of political appointees of public office holders within a specified period if they wish to participate in primary election of their respective political parties, be expunged from the Act on grounds that it negated provisions of the Nigerian Constitution.
The House also resolved that the National Assembly will file a complaint to the National Judicial Council (NJC) against the Judge who gave the judgement, as it considered the judgement as amounting to gross misconduct.
The House while condemning the Abia High Court judgement also faulted attempts at hurriedly deleting the contentious section, even when the National Assembly was not joined in the suit.
The development was fallout of a motion raised under personal privileges by Hon. Sada Soli, who argued that the decision of court was akin to usurping the constitutional powers of the parliament to make laws.
In their separate submissions, Majority Leader of the House, Ado Doguwa, and the Chief Whip, Muhammed Tahir Monguno, insisted that the legislature is the only institution of government under democracy that has the rights of law making, wondering why an issue which originated from Abuja was filed in Abia state.
In his ruling, Speaker Femi Gbajabiamila, said he cannot allow anyone to rubbish the institution of legislature, even though he absolved President Muhammadu Buhari, as relying on the legal advices from his aides on the matter, calling on the Attorney General of the Federation Abubakar Malami to tarry and not to usurp the the role of the National Assembly, by forclosing the right of appeal.