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Electoral Act: Supreme Court strikes out suit by Buhari, Malami on Section 84 (12)

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The Supreme Court on Friday, struck out a suit filled by President Muhammadu Buhari and the Attorney-General of the Federation, Abubakar Malami, SAN, challenging the constitutionality of section 84 (12) of the Electoral Act.

 

A unanimous decision by a Panel of Seven Justices, led by Musa Dattijo-Muhammad, were all against the suit, describing it as an abuse of court process.

 

The section states 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.”

 

Delivering the lead judgment, Justice Aokmaye Agbim said that the President, having assented to Section 84 (12) of the Electoral Act 2022, cannot turn around to have it struck down by the court.

 

He added that it is a total violation for the President to ask the National Assembly to delete the provision since he has a hand in making it.

 

He described the suit as a ploy by Buhari to get the court to validate the violation.

 

“There is no provision in the constitution that vests the president the power to challenge the constitutionaility or desirability of a legislation after he has assented or denied his assent. In this case, the president gave his assent.

 

“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.

 

“This suit cannot be entertained by this court under section 1(1) (a) of the Additional Jurisdiction of the Supreme Court Act,“ Agbim ruled.

 

 

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