On Friday, the Supreme Court dismissed President Muhammadu Buhari’s and the Attorney General of the Federation’s challenge to Section 84(12) of the Electoral Act.
The lawsuit was dismissed because the court lacked the authority to hear it and because it was an abuse of the judicial system.
President Buhari and the National Assembly were issued with a notice for the decision delivery on Thursday, inviting them to appear before the court today for the verdict.
The President and his Minister of Justice, Abubakar Malami, have petitioned the Supreme Court for an interpretation of the disputed language in the Electoral Amendment Act of 2022.
In the lawsuit filed on April 29, plaintiffs Buhari and Malami named the National Assembly as the lone 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”.
However, in its decision on Friday, the Supreme Court held that President Buhari having assented to the bill on February 25 2022, can not turn around to challenge same act .
In a unanimous judgement delivered by Justice Emmanuel Agim the court said allowing the suit to have it’s way will amount to approbating and reprobating at the same time and no court of law shall allow that.
The Apex Court unanimously agreed that President Buhari lacked the jurisdiction to bring the suit before it because of the nature of the reliefs sought.
