Battleline Drawn As Buhari, Malami Sue NASS At Supreme Court
- The presidency and the Nigerian ministry of justice have sued the National Assembly over section 84(12) of the 2022 Electoral Act
- The combined legislative body is the sole defendant in a suit filed at the Supreme Court over the controversial clause in the Act
- President Buhari and AGF Abubakar Malami are calling on the apex court to strike out the clause
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The duo of President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, have sued the National Assembly at the Supreme Court over the controversial section 84(12) of the 2022 Electoral Act.
President Buhari and Malami are seeking the apex court's interpretation of the clause in the new legislation.
As reported by Premium Times, in the suit, the plaintiff mentioned the National Assembly as the sole defendant.
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The president and AGF Malami are seeking an order from the court to strike out the section of the Electoral Act, claiming that it was inconsistent with Nigeria’s constitution.
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The prayer in the suit marked SC/CV/504/2022 read:
“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 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.
“A DECLARATION that having regard to the clear provision of section 1(3) of the constitution of the Federal Republic of Nigeria, 1999, as amended, read together with section 4 of the same Constitution, the legislative powers vested in the Defendants 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 reason of inconsistency, unconstitutional and therefore null and void.
“A DECLARATION that section 84(12) of the Electoral Act, 2022 disqualifying political appointees from being voting delegates or be voted for at a convention or Congress of any political party for the purpose of the nomination of candidates for any election is discriminatory, inconsistent and in violent breach of the provision of each of the 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 and same is null and void by reason of its inconsistency.
“A DECLARATION that by the introduction of the provision of Section 84 (12) into the Electoral Act, 2022, but in disregard of Section 84(3) of the same Act, the Defendant has acted ultra vires the legislative powers vested in it under the provision of section 4 of the constitution of the Federal Republic of Nigeria, 1999 (as amended) and/or in violation or breach of the provisions of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196, thereby rendering Section 84(12) of the Electoral Act, 2022 unconditional, null and void.
“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 1st Defendant as enshrined in section 4 of the constitution (as amended).
“SUCH FURTHER OR OTHER ORDERS as this Honorable Court may deem fit and just to make in the circumstances of this suit.”
Appellate court upholds validity of Section 84(12) of Electoral Act
Meanwhile, the Court of Appeal sitting in Abuja, on Wednesday, vacated the judgment of the Federal High Court in Umuahia, Abia state, which voided the provision of section 84(12) of the Electoral Act, 2022.
The appellate court, in a unanimous decision by a three-man panel of Justices led by Justice Hamma Akawu Barka, held that the high court acted without jurisdiction.
Source: Legit.ng
