Buhari, Malami Ask Supreme Court To Void Section 84(12) Electoral Act; The Nigeria President Muhammadu Buhari and his Abubakar Malami Attorney-General of the Federation (AGF) and the Minister of Justice
They are have filed a suit at the Supreme Court, seeking an interpretation of Section 84 (12) of the Electoral Amendment Act 2022.
In the suit filed on April 29, the President and AGF, who are the complainants, listed the National Assembly as the sole defendant.
They’re seeking an order of the apex court to strike out the section of the Electoral Act, saying it’s inconsistent with the nation’s Constitution.
According to the court document, the complainants contend that Section 84 (12) of the Electoral (Amendment) Act, 2022 is inconsistent with the vittles of 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 as Composition 2 of the African Charter on Human and People and Peoples Rights.
President Buhari and Malami also contended that the Constitution formerly provides qualification and disqualification for the services of the President and Vice President
Others are, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Officers, and Special Counsels.
They prompted the court to make A protestation 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 fresh qualifying and/ or disqualifying
Factors for the National Assembly, House of Assembly, Gubernatorial and Presidential choices as elevated in the said constitution, hence unconstitutional, unlawful, null and void.
In the same tone, the National Assembly has asked the Supreme Court to strike out the suit introduced by President Buhari.
The National Assembly, in itscounter-affidavit, filed by its counsel, Kayode Ajulo, said the Supreme Court can not be invoked to amend
Ajulo said that the 1999 Constitution, as amended is only gave the National Assembly the power to make laws for good governance for Nigerian.
The provision of any law validity made by lawgivers in the exercise of their legislative powers as granted by the Constitution.