Section 84 (12): Supreme Court Takes Fresh Action In Buhari, Malami’s Suit Against National Assembly

The Supreme Court of Nigeria on Friday, reserved judgement in the suit before it bordering on Section 84 (12) of the Electoral Act 2022.

The suit, filed by President Muhammadu Buhari and the Attorney General of the Federation (AGF), Abubakar Malami seeks to void Section 84 (12) of the Electoral Act 2022.

The President and the AGF want an order nullifying the provisions of Section 84 (12) of the Electoral Act, 2022 for being unconstitutional, illegal, null and void and having been made in excess of the legislative powers of the National Assembly as enshrined in Section 4 of the 1999 Constitution.

Naija News reports the suit marked SC/CV/504/2022 has the National Assembly as the sole defendant.

On Friday, a seven-member panel of the Supreme Court reserved judgement in the case after lawyers to the parties made their final submissions on Thursday.

Justice Musa Dattijo Mohammed who spoke on behalf of the panel said the apex court would communicate all the parties on the date for the delivery of judgement when a final decision has been taken.

Naija News recalls President Buhari and Malami want the National Assembly to remove the clause which bars political office holders from voting or being voted for during party primaries to be removed.

They argued that the constitution has made provisions for such contingencies and the section of the electoral act on the matter is in conflict with the constitutional provisions that exist already.

The plaintiffs (Buhari and Malami) are praying the court for the following reliefs:

*A declaration 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.

*A declaration that having regard to the clear provision of section 1(3) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, read together with section 4 of the same Constitution, the legislative powers vested in the Defendant do not permit or empower # to make any other law prescribing additional qualifying /disqualifying grounds for election to the National Assembly, House of Assembly, Gubernatorial and Presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for reason of inconsistency, unconstitutional and therefore null and void.

*A declaration that section 84 (12) of the Electoral Act, 2022 disqualifying a political appointee from being a voting delegate or be voted for at a convention or congress of any political party for the purpose of the nomination of candidates for any election is discriminatory, inconsistent with and in violent breach of the provision of each or all of Sections 42, 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), as well as Article 2 of the African Charter on Human and Peoples Rights and some is null and void by reason of its inconsistency.

*A declaration that by the introduction of the provisions of Section 84(12) into the Electoral Act, 2022, but in disregard of Section 84(3) of the some Act, the Defendant has acted ultra vires the legislative powers vested in it under the provision of section 4 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and/or in violation or breach of the provisions of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196, thereby rendering Section 84(12) of the Electoral Act, 2022 unconstitutional, null and void.

*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).