The supreme court has struck out the suit challenging section 84(12) of Electoral Act.
Abubakar Malami, attorney-general of the federation, on behalf of the federal government, had filed a suit challenging that section of the Electoral Act, 2022 on the grounds that it violates the rights of political appointees and seeking an interpretation of the controversial clause in the Electoral Amendment Act 2022.
In the suit filed on April 29, Buhari and Malami, who are the plaintiffs, listed the National Assembly as the sole defendant.
There have been several debates regarding Section 84(12) of the amended Electoral Act 2022 which was assented to in February.
Upon assenting to the act, President Buhari had asked the National Assembly to delete the contended clause, however, the parliament declined the president’s request.
Section 84 (12) of the legislation holds that, “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.”
In their suit marked SC/CV/504/2022 and filed on April 29, 2022, President Buhari and Malami sought an order of the apex court to strike out the section of the Electoral Act, which they argue was inconsistent with the nation’s constitution.
According to the court document, the plaintiffs contend that the Section 84(12) of the Electoral (Amendment) Act, 2022 is inconsistent with the provisions of sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of Federal Republic of Nigeria, 1999, (as amended), as well Article 2 of the African Charter on Human and People and Peoples Rights.
The plaintiffs further contended that the constitution already makes provisions for qualification and disqualification for the offices of the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Commissioners and Special Advisers.
They urged the Supreme Court to make: “A declaration that the joint and or combined reading of the section 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the constitution of the Federal Republic of Nigeria, 1999, (as amended), the provision of Section 84 (12) of the Electoral Act, 2022 which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void”.
In the judgment delivered on Friday, a seven-member pane of judges led by Musa Dattijo-Muhammad, dismissed the suit, describing it as an abuse of court process.
Aokmaye Agim, justice who read the lead judgment, held that having earlier assented to the Electoral Act 2022, with section 84(12) in it, the president cannot turn around and ask the court to remove it.
“There is no provision in the constitution that vests the president the power to challenge the constitutionality or desirability of a legislation after he has assented or denied his assent. In this case, the president gave his assent,” Agim said.
He added that the request by Buhari to the national assembly to delete the provision amounted to constitutional violation.
“The president has no power to request or compel the national assembly to amend any part of the Act of the national assembly in which he has participated in its making,“ he said.
“This suit cannot be entertained by this court under section 1(1) (a) of the Additional Jurisdiction of the Supreme Court Act.”
