Supreme Court strikes out Buhari, AGF Malami’s suit against Section 84(12) of Electoral Act
The Supreme Court on Friday struck out the suit filed by the Federal Government against section 84(12) of the Electoral Act, for being incompetent and lacking in merit.
The Attorney-General of the Federation ,Abubakar Malami,had on behalf of the Federal Government, filed a suit challenging that section of the Electoral Act, 2022 on the grounds that it violates the rights of political appointees.
Section 84 (12) of the Act says, “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.”
The apex court in a unanimous decision described President Muhammad Buhari and the Attorney-General of the Federation, Abubakar Malami’s suit as an abuse of court process and subsequently dismissed it.
According to Justice Musa Mohammed-Dittjo, who led a seven-man of the Supreme Court, the plaintiffs 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 constitutionaility or desirability of a legislation after he has assented or denied his assent. In this case, the president gave his assent,” the apex court held .
Aokmaye Agim, justice who read the lead judgment, held that having earlier assented to the Electoral Act 2022, with section 84(12) in it, the president cannot turn around and ask the court to remove it.
“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,” Agim said.
He added that the request by Buhari to the national assembly to delete the provision amounted to constitutional 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,“ he said.
“This suit cannot be entertained by this court under section 1(1) (a) of the Additional Jurisdiction of the Supreme Court Act.”
