By Deborah Hassan
365Daily – The Supreme Court has said it will hear a suit filed by President Muhammmadu Buhari and Attorney General of the Federation (AGF), Abubakar Malami, voiding the provisions of Section 84 (12) of the Electoral Act 2022, on May 26, 2022.
The duo, on April 29, 2022, had asked the apex court, through the Office of the Attorney-General of the Federation, to interprete Section 84 (12) of the Electoral (Amendment) Act 2022.
The President and the AGF are the plaintiffs, while the National Assembly was the sole defendant until Rivers State sought and was allowed to join in the suit.
The Rivers State application was brought through the Speaker of its House of Assembly and its Attorney-General.
The President and AGF are asking the court to strike out section 84 (12) of the Electoral Act, for being inconsistent with the nation’s Constitution.
They argued 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 of Federal Republic of Nigeria, 1999, (as amended), as well as Article 2 of the African Charter on Human and People and Peoples Rights.
According to them, the Constitution already provides qualification and disqualification for the offices of the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Commissioners, and Special Advisers.
“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,” they stated.
On the other hand, the National Assembly filed a counter-affidavit which prayed the Supreme Court to strike out the suit instituted by President Buhari as it could not be invoked to amend the provision of any law validly made by lawmakers in the exercise of their constitutionally granted powers.
They argued that the 1999 Constitution, as amended, gave the National Assembly the power to make laws for good governance in Nigeria.