By Saidu Idris
365Daily – The Supreme Court of Nigeria has thrown out a suit filed by President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, challenging the constitutionality of Section 84 (12) of the Electoral Act.
The contentious section provides that “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 the nomination of candidates for any election.”
In its ruling on Friday, June 24, 2022, the panel of seven justices of the court, led by Musa Dattijo-Muhammad, described the suit as an abuse of court process.
Justice Aokmaye Agim, while delivering the lead judgement, held that Buhari, having earlier assented to Section 84 (12) of the Electoral Act 2022, could not turn around to approach the court to strike it down.
He stated: “There is no provision in the constitution that vests the president the power to challenge the constitutionaility or desirability of a legislation after he has assented or denied his assent. In this case, the president gave his assent.”
Speaking further, he expressed the opinion that the suit was filed by President Buhari to get the court to validate his “unconstitutional” request to the National Assembly to delete the provision.
“The President has no power to request or compel the National Assembly to amend any part of the Act of the National Assembly in which he has participated in its making,” he declared.
Justice Agim ruled: “This suit cannot be entertained by this court under section 1(1) (a) of the Additional Jurisdiction of the Supreme Court Act.”