The Supreme Court has reserved ruling in the suit instituted by President Muhammadu Buhari and the Attorney-General of the Federation Abubakar Malami, against the National Assembly seeking to void the provisions of Section 84(12) of the Electoral Act, 2022.
The president and the AGF had approached the apex court seeking an interpretation of Section 84(12) of the Electoral Amendment Act 2022.
The apex court reserved ruling on Thursday saying a new date to deliver judgement will be communicated with parties in the suit
Recall that Nairametrics reported that the apex court will hear the suit today, May 26.
What you should know
- While the President and AGF are seeking to void the said section, NASS urged the court to strike out the suit as the constitution empowered them to make laws.
- They argued that laws made by lawmakers while exercising their legislative powers cannot be amended by invoking the Supreme Court.
- At the last adjourned date, the court granted an application by Rivers’ government which sought to be joined as a party in the suit.
- The president and AGF are contending that 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 as well Article 2 of the African Charter on Human and Peoples Rights.
- They argued that the 1999 constitution has provisions for qualification and disqualification for political offices.
- They sought “A declaration that the joint and combined reading of Sections 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.”
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