Why Malami Should Not Infringe On The Right Of NASS By Deleting Some Sections Of Electoral Act

According to a report by Daily Nigerian, The Attorney-General and Minister of Justice, Abubakar Malami, has expressed readiness to gazette the judgment of a Federal High Court sitting in Umuahia, Abia State, which ordered him to immediately delete Section 84 (12) of the amended Electoral Act.

Earlier on Friday, Justice Evelyn Anyadike ruled that the section was unconstitutional, invalid, illegal, null, void, and of no effect whatsoever and cannot stand, as it violates the clear provisions of the Constitution.

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What this court order means is that the judiciary can now restructure the country for us without having to go through the national assembly. It is a welcome development. What the national assembly is afraid of doing, the court can do it. The doctrine of Separation of Powers and the Constitution is clear on duties of the Legislature and the Judiciary as it affects LAW MAKING

Where exactly is this High Court coming from when the powers of Lawmaking belong to the Legislature? Any law that does not align with the constitution will not stand if contested in the court of law. For instance, Lagos State has been restricting the movement of people every last Saturday of the month for years because of sanitation. Some were arrested and sentenced.

It took only one person to take the government to court. The court verdict made the state stop restrictions for that purpose. The court submits to no one. Aside the court, no one has the right to deny anyone freedom of movement as stated in the constitution. The court could not order the lawmakers not to alter the amended bill so also the court cannot order the legislators to delete any section of the amended bill. The legislators already voted against the amendment. Anyone or group trying to use the judiciary to teach the legislative aim of government their job is just wasting his or her time.