…Allows Rivers State to Join as Interested Party

Arguments on the correct interpretation of Section 82 (12) of the Electoral Act 2022 as well as its legitimacy will commence at the Supreme Court on May 26. The Court fixed the date after joining Rivers State as an interested party in the suit.

Justice Muhammad Dattijo adjourned the matter following the concession by Buhari’s lawyer Lateef Fagbemi that the speaker, Rivers State House of Assembly and Attorney General, Rivers State, be joined as parties.

President Buhari and the Attorney-General of the Federation (AGF) Abubakar Malami, had 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 plaintiffs, listed the National Assembly as the sole defendant. They are seeking an order of the apex court to strike out that section of the Electoral Act because it is inconsistent with the Nigeria’s Constitution.

The plaintiffs contend 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.

President Buhari and Malami submit that the Constitution has already provided 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.

They urged the court to make: “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.”

On its part, the National Assembly has asked the Supreme Court to strike out the suit instituted by President Buhari. The National Assembly, in its counter-affidavit, filed by its lawyer, Kayode Ajulo, said the Supreme Court cannot be invoked to amend the provision of any law validity made by lawmakers in the exercise of their legislative powers as granted by the Constitution.

He argues that the 1999 Constitution, as amended gave the National Assembly the power to make laws for good governance in Nigeria.

On May 11, the Court of Appeal sitting in Abuja vacated the judgement of the Federal High Court in Umuahia, Abia, which voided the provisions of Section 84(12) of the Electoral Act, 2022.

The appellate court, in a unanimous decision led by Justice Hamma Akawu Barka, held that the high court, acted without jurisdiction.

It held that the plaintiff, Mr Nduka Edede, lacked the locus standi to institute the action.