• Lauds Buhari for asking appointees with aspirations to resign
Udora Orizu in Abuja
The House of Representatives has said that it is awaiting the Certified True Copy (CTC) of the Court of Appeal judgment, which though set aside the judgment of an Umuahia High Court on section 84(12) of the Electoral Act, but declared the resignation of political appointees with aspirations as unconstitutional.
The House spokesman, Hon. Benjamin Kalu, who made this known while briefing journalists, said that the House will wait for the copy before determining the next line of action.
Kalu, however, cautioned against one arm of government infringing on the constitutional mandate of another to suffocate democratic process.
The spokesman, who insisted that status quo remains on section 84(12), expressed gratitude to President Muhammadu Buhari for asking his appointees with political aspirations to resign.
He said: “Talking about the decision of court that affects the constitutional mandate of an arm of government, it behoves this particular House to seek for the certified true copy of that judgment. It’s too early to get the CTC. It takes about a day or two. I am sure before next week, we will be getting the CTC of this judgment.
“The purpose is to enable us read the wording of the Justices who took this decision and also know what is the next step to take. So, it is too early in the day for me to address that but this point must be made. My knowledge of law, if a judgment is set aside, there is nothing to appeal. But this is not the right time. Let’s wait until we get the CTC because there will be so many interpretations flying from all corners. But I must make this point. For the advancement of democracy, the doctrine of separation of power must not be suffocated.
“This point must be made. Whatever we do as a legislature, we must make sure that the powers of other arms of government must be protected and preserved. This also is applicable to other arms of government in carrying about their constitutional functions. We will wait for the CTC to know whatever step to take in order to preserve out democracy.
“There is room for an appeal, you have the space of about 90 days for an appeal. You are asking us to hurry up. We cannot hurry up until we see the CTC of that judgment. We might be addressing you on the next step to take but as it is now, it is too early in the day to state the position of the House. We will get the judgment and know whether it sought to tie our hands or not. If it is, we find a way to untie our hands. If it is not, we will allow it to be.”
Kalu also hinted of postponing the resumption date of May 24 to enable members further partcipate in the primaries of their parties.
“The House recalled itself to attend to this all-important issue. And I am sure the May 24 resumption date will be adjusted because some political parties, like my party has chosen that date as the day of their primaries. We can’t be coming back on that day. I am hoping there is going to be a circular before that day,” he added.
