The Supreme Court dismissed the case against Section 84(12) of the Electoral Act on Friday. The plaintiffs were President Muhammadu Buhari and the Attorney General of the Federation.
The case was dismissed on the grounds that it was an abuse of the legal system and lacked the authority to hear the lawsuit.
President Buhari and the National Assembly were previously served with a notice for the judgment delivery on Thursday, inviting them to appear before the court today for the judgment.
The Electoral Amendment Act 2022 contains a contentious clause that the President and his Minister of Justice, Abubakar Malami, have petitioned the Supreme Court to interpret.
The National Assembly was named as the only defendant in the lawsuit, which was filed on April 29 by plaintiffs Buhari and Malami.
Section 84(12) of the revised Electoral Act 2022, which was approved in February, has been the subject of numerous discussions.
President Buhari requested the National Assembly remove the disputed clause after assenting to the law, but the legislature rejected his request.
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 designating candidates for any election,” according to Section 84 (12) of the legislation.
President Buhari and Malami asked the Supreme Court to order the section of the Electoral Act to be repealed because, in their lawsuit with the case number SC/CV/504/2022, they claimed it violated the country’s constitution.
The plaintiffs argue, in accordance with the court document, that Section 84(12) of the Electoral (Amendment) Act, 2022 is incompatible with the provisions of Sections 42, 65, 66, 106, 107, 131, 137, 151, 177, 182, 192, and 196 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended), as well as Article 2 of the African Charter on Human and People’s Rights.
The plaintiffs further argued that the constitution already contains provisions for qualification and disqualification for the positions of Minister, Commissioner, Special Adviser, Governor, Deputy Governor, Senate, and House of Representatives.
They urged the Supreme Court to make: “A declaration that the joint and or combined reading of the 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”.
However, the Supreme Court ruled on Friday that President Buhari could not reverse course and challenge the same act after giving his assent to the bill on February 25, 2022.
According to the court’s unanimous decision, which was delivered by Justice Emmanuel Agim, allowing the lawsuit to have its way would be the same as approving and condemning at the same time. No court of law shall permit that.
Because of the nature of the reliefs requested, the Apex Court unanimously agreed that President Buhari lacked the authority to file the lawsuit before it.
