Justice Anyakidike’s judgement on Electoral Act should be investigated — CSO

The Concerned Nigeria Group has said the judgment delivered by Hon. Justice Evelyn Anyadike, of the Federal High Court, sitting in Umuahia, Abia State, where she allegedly struck down section 84(12) of the Electoral Act and directed the Attorney General of the Federation to delete the said section from the Electoral Act should be investigated for possible collusion.

The group, in a statement by its Convener, Deji Adeyanji, said while it recognised that a court of law has the power to strike down any provision of a statute, its initial reaction to the consequential directive allegedly issued by the court is one of shock and total disbelief.  

“We do not believe that any court of law will direct the Attorney General to delete the provision of a statute that has already been passed into law.  

“Even if the said provision is struck down, the implication is that it will no longer be relied upon as a valid law. But it cannot be deleted. Even the president of the Federal Republic of Nigeria has no power to delete the provision of a statute.  

“We believe Honourable Justice Anyadike should ordinarily be conversant with this principle of law. Even an undergraduate law student knows that the executive do not make laws

“Although we were initially minded to give the Hon. Justice Anyadike the benefit of the doubt, the subsequent statement issued by the Attorney General of the Federation, confirming his intention to obey the court judgment and delete section 84(12) of the Electoral Act has cleared our doubt. 

“We are convinced that there is more than meet the eyes with this judgment. The speed at which the suit was filed, processes exchanged and judgment delivered, calls for immediate investigation. In the event that there is evidence of collusion in this judgment, all the parties should be immediately sanctioned.”