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S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act (19259 Views)

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S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by fergie001: 10:33am On Jun 24, 2022
The legal provision bars political appointees at any level from being a voting delegate or be voted for primary election purposes.


The Supreme Court has struck out the suit by President Muhammadu Buhari and the Attorney General of the Federation (AGF), Abubakar Malami seeking to void the provision of Section 84(12) of the Electoral Act 2022.

In a judgment on Friday, a seven-member panel of the apex court, headed by Justice Musa Dattijo Mohammed, was unanimous in holding that Buhari, having participated in the making of the law by assenting to it, could not turn around to fault its provisions.

The court, which upheld the objections raised by the National Assembly and other defendants against the suit, declined to determine it on the merit but declared that the Supreme Court lacked the jurisdiction to hear it and that the suit was an abuse of court process.

Justice Emmanuel Agim, in the lead judgment, held that it was an attack on the democratic principle of Separation of Powers for the President to seek to direct/request the Legislature to make a particular law or alter any law.

“The President lacks the power to direct the National Assembly to amend or enact an act..it violates the principle of separation of powers.

“There is no part of the Constitution that makes the exercise of legislative powers subject to the directive of the President,” the court said.

|SOURCE|

42 Likes 7 Shares

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Nemere2020: 10:37am On Jun 24, 2022
Everybody will now rest.

37 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by oshozondii: 10:41am On Jun 24, 2022
Malami in da mud

73 Likes 2 Shares

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by seunmsg(m): 10:43am On Jun 24, 2022

The court, which upheld the objections raised by the National Assembly and other defendants against the suit, declined to determine it on the merit but declared that the Supreme Court lacked the jurisdiction to hear it and that the suit was an abuse of court process.

Justice Emmanuel Agim, in the lead judgment, held that it was an attack on the democratic principle of Separation of Powers for the President to seek to direct/request the Legislature to make a particular law or alter any law.

Fergie001, you got it all wrong again. The Supreme Court has thrown away the stupid lawsuit of Malami that you supported. I was thinking of hiring you as my lawyer before but with the look of things, I think garfield1 is a better choice grin grin grin

284 Likes 2 Shares

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by nairavsdollars(f): 10:44am On Jun 24, 2022
I hate hearing that name Abubakar Malami. I wish he had contest for presidency and resigned

37 Likes 1 Share

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Mumusaphire: 10:44am On Jun 24, 2022
They know when they leave power, they are nothing. Na smart adeyemi I dey pity most. I need to sue his advicer of 2014 for wronged advice on his hotels in ilorin.

3 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Whazar(m): 10:45am On Jun 24, 2022
Gbas gbos
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Akwamkpuruamu: 10:45am On Jun 24, 2022
Good. Thats a good one
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by TermuxDarkWeb(m): 10:45am On Jun 24, 2022
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by treesun: 10:45am On Jun 24, 2022
seunmsg:


Fergie001, you got it all wrong again. The Supreme Court has thrown away the stupid lawsuit of Malami that you supported. I was thinking of hiring you as my lawyer before but with the look of things, I think garfield is a better choice grin grin grin

Cardoso Mutairu!

6 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by adioolayi(m): 10:45am On Jun 24, 2022
Any political party that would have allowed political appointees to participate in their primaries, without resigning would have automatically have their primaries INVALID. A huge let-out!!! grin grin grin



“The President lacks the power to direct the National Assembly to amend or enact an act..it violates the principle of separation of powers.

“There is no part of the Constitution that makes the exercise of legislative powers subject to the directive of the President,” the court said.

13 Likes 1 Share

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Nobody: 10:46am On Jun 24, 2022
Malami's hope of gaining power

3 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by specialmati(m): 10:46am On Jun 24, 2022
grin grin grin
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Racoon(m): 10:46am On Jun 24, 2022
Useless and lawless government trying to create more chaos and lawlessness.

5 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by JosephXavier: 10:46am On Jun 24, 2022
Nigeria has produced the worst attorney general who is also a SAN But doesn't understand the law

The worst Chief justice from Sharia court that doesn't know anything about the Nigerian Constitution

A president that thinks that comes roaming the street of major cities and nation's capital is constitutional

What APC and Buhari cannot destroy does not exist

22 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by typodeg: 10:46am On Jun 24, 2022

1 Like

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by dyera(m): 10:46am On Jun 24, 2022
Good.

Meanwhile

Northern Muslims does not see Yoruba Muslims as true Muslim, that's why they need Tinubu to pick a northern Muslim vice otherwise they will not vote for him,

8 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by saints2(f): 10:47am On Jun 24, 2022
At last... Malami will be remembered as the worst AGF Nigeria has ever had

22 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Mumusaphire: 10:47am On Jun 24, 2022
nairavsdollars:
I hate hearing that name Abubakar Malami. I wish he had contest for presidency and resigned
for g-string of aisha buuu....
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by fergie001: 10:47am On Jun 24, 2022
seunmsg:
you got it all wrong again. The Supreme Court has thrown away the stupid lawsuit of Malami that you supported. I was thinking of hiring you as my lawyer before but with the look of things, I think garfield is a better choice grin grin grin
Read what you wrote again or you don't understand the case?
Buhari sent a letter to the NASS to delete 84(12), they declined. Now, the same Buhari wants to challenge it. The SC did not determine on its merits but said Buhari cannot challenge what he signed.


https://tribuneonlineng.com/appeal-court-upholds-nullification-of-section-8412-of-electoral-act/
(This is the Appeal Court Judgement)
The Court of Appeal sitting in Abuja has upheld the judgment of the Federal High Court Umuahia which nullified Section 84(12) of the Electoral Act which required public office holders seeking elective office to resign before primaries or they cannot participate.

In the lead judgment delivered by the Court agreed that the provisions of Section 84(12) of the Electoral Act are in conflict with the provisions of the Constitution.

The Appeal Court upheld the judgment of Justice Evelyn Anyadike that Sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election and that any other law that mandated such appointees to resign or leave the office at any time before that was unconstitutional, invalid, illegal null and void to the extent of its inconsistency to the clear provisions of the Constitution.

10 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Mumusaphire: 10:47am On Jun 24, 2022
JosephXavier:
Y
for yamutu
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Devilagentcap: 10:48am On Jun 24, 2022
Lookin
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by DropsMic(m): 10:48am On Jun 24, 2022
These ones are just acting drama for Nigerians
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Benbellamor: 10:48am On Jun 24, 2022
Haa, For the first time...Judiciary get mind to strike out Buhari's own suit...

3 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by AntiBMC(m): 10:48am On Jun 24, 2022
Nice one. Obviously, Buhari and Malami are totally confused.

2 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by LienwaltAbel(m): 10:48am On Jun 24, 2022
This malami self, is he even a real lawyer self? Which child in Nigeria doesn't know about the separation of powers.

3 Likes

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by inoki247: 10:48am On Jun 24, 2022
ok
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by youngimporter: 10:48am On Jun 24, 2022
I wonder what gave that Abia judge the inspiration to give that judgment

2 Likes

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