Godswill Akpabio, the Minister of Niger Delta Affairs and presidential aspirant under the ruling All Progressives Congress (APC) have said that the section of the Electoral Act as amended, asked aspirants to resign government positions does not exist.
Section 84, sub-section 12 of the Electoral Act states, “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.”
The former Governor of Akwa Ibom made the disclosure while appearing on Channels Television’s “Politics Today”, saying that the section was nonexistent, as a court in Abia had rendered it unconstitutional.
He said, “In terms of section 84(12), it speaks about elections. If you wish to go into primary, you should try to resign before you go there.
“Even before Mr. President signed the bill, he had mentioned that it was not in line with the Nigerian constitution which contemplates 30 days before elections.
“So, no matter the act of parliament, no matter the law, the constitution is superior to any act of parliament. Moreover, it was shut down by a court of competent jurisdiction somewhere in Umuahia. So, for now, that law doesn’t exist.”
He stated that he wasn’t worried about the law because the constitution superseded it.
“I would have been worried about how the appeal would go but for the constitution. It depends on the constitution at the end of the day. It’s not a constitutional amendment,” he said.
Meanwhile, not less than 14 state governors have enforced the law, asking their commissioners and other appointees who have political aspirations to resign their appointment before they contest, but President Muhammadu Buhari is yet to follow suit.
The Governors who have enforced the law in their states included Rotimi Akeredolu of Ondo State; Dapo Abiodun of Ogun State; AbdulRahman AbdulRasaq of Kwara State; Adegboyega Oyetola of Osun State; Governor Udom Emmanuel of Akwa Ibom; Abia State Governor Okezie Ikpeazu; Nyesom Wike of Rivers State; Borno and Yobe Governors, Babagana Zulum and Mai Mala Buni; Simon Lalong, Plateau State.
Others included Ifeanyi Okowa of Delta State; Dave Umahi of Ebonyi State; Hope Uzodinma, Imo State; Governor Douye Diri Bayelsa State; Nasir El-Rufai, Kaduna State; and Aminu Tambuwal of Sokoto State.
