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S’Court reserves judgment on Section 84(12) of Electoral Act 2022 indefinitely

Supreme Court

By Andrew Orolua

The Supreme Court, on Thursday, reserved its judgment on Section 84(12) of the Electoral Act 2022 to a date to be communicated to the parties.

The adjournment and delay in decision of the apex court, either way, some political appointees said on Thursday, would further complicate their plights and dim their hopes as the party primary elections are expected to be concluded by next week.

Presiding Justice of a full panel of the apex court saddled with matter, Justice Muhammed Musa Datijo announced the adjournment after lawyers to both parties identified their processes and adopted them.

Identifying the processes filed by the President Buhari and Attorney General of Federation, Abubakar Malami (SAN), in the suit marked SC/CV/504/2022, their lawyer, Lateef Fagbemi, SAN, said he filed six processes.

He urged the apex court to allow the suit and strike down Section 84 (12) of the Electoral Act 2022 because the Section is in conflict with several provisions of Constitution of Federal Republic of Nigeria 1999 (as amended).

Buhari and Malami said that the Constitution has listed “the qualifying factors for election into the office of President, Vice President. Governor, Deputy Governor, Senate, House of Representatives, Houses of Assembly and Ministers.”

They also prayed the apex court to declare that by the joint and or 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 provisions 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.

Their lawyer also prayed for an order nullifying the provisions 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 defendant as enshrined in Section 4 of the 1999 Constitution (as amended).

But the presiding Justice Datijo asked the lawyer, “is it a right to be appointed into a political office? Fagbemi said it is a right.

National Assembly counsel, Kayode Ajulo urged the court to strike out the suit because the Plaintiffs have no locus standi (legal right) to evoke the jurisdiction of the Supreme Court.

Emmanuel Ukala, SAN, and Charles Mekwunye, SAN, lawyers to the Peoples Democratic Party and Nigerian Bar Association, NBA, respectively also urged the court to dismiss the suit, DailyTimes gathered.

Ukala said the suit is an abuse of court process because the Attorney General of Federation had filed a similar suit at Federal High Court Abuja which is yet to be determined. He said that High court is the appropriate avenue to lay such complain if any, adding that in any case, the president has no locus standi to institute the action haven signed the bill.

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He said that the only option for the President is to seek an amendment to the electoral Act 2022.

On his part, Mekwunye, SAN, stated that Section 84(12) of Electoral Act 2022 was meant to cure mischief by political class who crowds party primaries with their appointees and make it impossible to achieve a level playing ground for all contestants.

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Ihesiulo Grace

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