Akinwande Soji-Ojo
The Supreme Court has struck out the suit filed by the Attorney General of the Federation, Abubakar Malami, challenging section 84(12) of the Electoral Act.
Malami had on behalf of the Federal Government filed a suit challenging section 84(12) of Electoral Act, 2022, on the grounds that it violates the rights of political appointees.
The section read: “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 the judgement delivered on Friday, a seven-member panel of judges led by Musa Dattijo-Muhammad, dismissed the suit, describing it as an abuse of court process.
Justice Aokmaye Agim, who read the lead judgement, held that having earlier assented to the Electoral Act 2022, with section 84(12) in it, the president cannot turn around and ask the court to remove it.
“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,” Agim said.
He added that Buhari’s request to the national assembly to delete the provision amounted to constitutional violation.
“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.
“This suit cannot be entertained by this court under section 1(1) (a) of the Additional Jurisdiction of the Supreme Court Act,” the judge held.
