The Supreme Court, on Thursday, reserved judgement
in a suit filed by President Muhammadu Buhari and
the Attorney-General of the Federation and Minister
of Justice, Abubakar Malami, seeking to nullify
Section 84 (12) of the Electoral Act 2022.
Messrs Buhari and Malami filed their suit at the
Supreme Court, seeking an interpretation of the
controversial clause in the Electoral Amendment Act
2022.
A seven-member panel of the Supreme Court led by
Mohammed Datijjo, said a later date for judgment
would be communicated to parties.
The panel arrived at this conclusion, after taking
arguments from lawyers to parties and adoption of
their final arguments.
At Thursday’s proceedings, the All Progressives
Grand Alliance (APGA) and the Nigerian Bar Association
(NBA) brought applications, seeking to be joined as
interested parties.
But APGA later opted out by withdrawing its
application, which was subsequently struck out by
the apex court.
However, the Supreme Court allowed the NBA into
the suit as a friend of the court to offer its legal
perspectives that will help guide the apex court in
reaching a just determination of the matter.
Arguments
In his arguments, the Speaker of the Rivers State
House of Assembly and Attorney General of the state,
Emmanuel Ukala, citing the Supreme Court additional
jurisdictions Act, said Mr Buhari lacks the right to
institute such a suit as he is not directly affected by
Section 84 (12] of the Electoral Act.
The controversial clause in the Electoral Amendment
Act 2022, provides 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.”
Mr Ukala, a Senior Advocate of Nigeria (SAN), said
the appointees affected by the law should have been
the ones instituting the suit for being shut out from
exercising their rights.
Similarly, the National Assembly, which was the sole
defendant before the Rivers State government was
joined , opposed the filing of the suit at the apex court.
Kayode Ajulo, the National Assembly’s lawyer,
contended that the Supreme Court “lacks the
requisite jurisdiction to hear and determine this
suit.”
But the plaintiffs’ lawyer, Lateef Fagbemi, said the
Supreme Court has the jurisdiction to hear and
determine the suit.
Plaintiffs’ prayers
In the suit marked SC/CV/504/2022 and filed on April
29, 2022, Messrs Buhari and Malami are seeking 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.
PREMIUM TIMES reported that 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 also contended that the Nigerian
constitution already provides 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.
https://www.premiumtimesng.com/news/headlines/532602-electoral-act-supreme-court-reserves-judgement-on-buhari-malamis-suit.html
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