A seven-man panel of justices of the Supreme Court has on Friday thrown out the suit filed by President Muhammad Buhari and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, to challenge the controversial section 84(12) of the Electoral Act, describing it as an abuse of court process.
The panel, led by Musa Dattijo-Muhammad, in its unanimous judgement delivered by delivered by Justice Aokmaye Agim, held that President Buhari, having earlier assented to section 84 (12) of the Electoral Act 2022 cannot turn around to approach the court to strike it down.
“There is no provision in the constitution that vests the president the power to challenge the constitutionality or desirability of a legislation after he has assented or denied his assent. In this case, the president gave his assent,” the panel ruled.
According to the judgement, the request by President Buhari to the National Assembly to delete the provision amounted to constitutional violation; and that the suit is a ploy by the President to get the court to validate the violation.
“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,” the justices also held.
“This suit cannot be entertained by this court under section 1(1) (a) of the Additional Jurisdiction of the Supreme Court Act,” said the panel.
The other members of the panel who gave the unanimous judgement include Justice Dattijo-Muhammad, Justice John Okoro, Justice Amina Augie, Justice Lawal Garba and Justice Ibrahim Saulawa.
President Buhari signed the Electoral Act 2022 into law on February 25, 2022. He however later wrote to the National Assembly to delete section 84(12) of the law on the grounds that it was unconstitutional and was made in excess of the powers of the National Assembly.
The legal provision bars political appointees at any level from being a voting delegate or be voted for primary election purposes.
“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,” states the clause in the Electoral Amendment Act 2022.
Following the refusal of the National Assembly to delete the provision, Buhari, along with Malami, filed the suit against the provision at the Supreme Court.
They joined the National Assembly as the sole defendant, but the Rivers State government and the Nigerian Bar Association later sought and obtained the court’s leave to be joined as defendants to oppose the suit.
In the suit marked SC/CV/504/2022 and filed on April 29, 2022, Messrs Buhari and Malami sought an order of the Supreme Court striking out the section of the Electoral Act, which they argue was inconsistent with the nation’s constitution.
The plaintiffs contended 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.
