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High court justice to be reported to NJC for amending constitution
Justice Evelyn Anyadike of a Federal High Court sitting in Umuahia, Abia State may soon face the National Judicial Council for nullifying the provisions of Section 84(12) of the Electoral Act 2022.
The House of Reps is considering that along the resolution to also appeal the judgement and have it upturned.
Justice Anyadike’s nullification thereby empowers the Minister of Justice and Attorney-General of the Federation Abubakar Malami (SAN), to delete the section from the Act.
The lawmakers also asked Malami to allow the National Assembly to exercise its right to appeal the case.
Members of the House, at the plenary on Wednesday, criticised the judiciary and the executive of usurping the powers of the legislature.
The lawmakers said only the parliament and not a presidential appointee can amend the law.
The Speaker of the House, Femi Gbajabiamila, said he got to know about the case in the media, and that the chamber was not served any notice, since it was not a party to the suit.
Gbajabiamila said the President Muhammadu Buhari was rightly advised to approach the National Assembly for amendment of the Act.
The Speaker stated that he would not sit back and allow the parliament to be ridiculed under his watch.
Gbajabiamila said it was curious that the National Assembly was joined in the suit and the judgment was secured from a court in Umuahia.
Gbajabiamila appealed to the AGF to “tarry” and not take over the responsibility of the National Assembly.
The Senate had also on Tuesday resolved to take a decision on the matter today.
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