The minister of Niger Delta Affairs and presidential aspirant, Godswill Akpabio, has declared that the section of the Electoral Act as amended, which asked aspirants to resign government positions ‘does not exist’.
According to Section 84, sub-section 12 of the Electoral Act, “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.”However, in an interview on a live TV programme on Thursday, May 5, Akpabio noted 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.” The minister stated that he wasn’t worried about the law because the constitution superceded it.
He affirmed: “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.”