A Federal High court in Abia State capital had said that Section 84(12) of the newly amended Electoral Act is unconstitutional.

According to Justice Evelyn Anyadike on Friday he said that Section 84(12) of the newly amended Electoral Ac is in violation of a provision in the 1999 Constitution as amended and should therefore be deleted.

The judge said the 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 and that any other law that mandated such appointees to resign or leave office at any time before that is unconstitutional, invalid, illegal null and void to the extent of its inconsistency to the clear provisions of the Constitution.

Clause 84(10) of the Electoral Act, Amendment Bill which is now Section 84(10) of the Electoral Act, Amendment, Act, 2022 generally restricts political appointees at any level from voting or be voted for at the party Congress or Convention.

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The judge in the suit marked FHC/UM/CS/26/2022, Anyadike stated 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.