The Supreme Court, on Friday, struck out the suit President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, filed to void section 84(12) of the Electoral Act, 2022.
The apex court, in a unanimous decision by a seven-man panel of the Justices led by Justice Muhammad Dattijo, held that it lacked the jurisdiction to entertain the suit which it said amounted to an abuse of the judicial process.
It held that President Buhari was not a proper person to approach it with such suit, owing to the nature of reliefs that were sought.
President Buhari and Malami had in the suit marked SC/CV/504/2022, contended that section 84(12) of the Electoral (Amendment) Act, 2022, was inconsistent with the provisions of sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the constitution as well Article 2 of the African Charter on Human and Peoples Rights.
The Plaintiffs, among other things, sought “a declaration that the joint and or combined reading of Section 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution, 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”.
“A declaration that having regard to the clear provision of section 1(3) of the Constitution read together with section 4 of the same Constitution, the legislative powers vested in the defendant do not permit or empower it to make any other law prescribing additional qualifying/disqualifying grounds for election to the national assembly, house of assembly, gubernatorial and presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 constitution of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for the reason of inconsistency, unconstitutional and therefore null and void.
As well as, “An order nullifying the provision of Section 84 (12) of the Electoral Act, 2022 by application of the blue-pencil rule, for being unconstitutional, illegal, null and void and having been made in excess of the legislative powers of the defendant as enshrined in section 4 of the constitution (as amended).”
Meanwhile, though the National Assembly was originally cited as sole Respondent in the matter, however, Rivers State, through the Speaker of its House of Assembly and its Attorney-General, subsequently applied and were joined as interested parties in the matter.
Vanguard
