Electoral Act: Court fixes May 24 for PDP’s suit against President Buhari

A Federal High Court in Abuja Nigeria, has fixed May 24 for definite hearing in a suit instituted against President Muhammadu Buhari by the Peoples Democtratic Party PDP on the controversial section 84 (11) and (12) of the Electoral Act 2022.

Justice Inyang Eden Ekwo fixed the new date on Monday 16th May 2022 to enable President Buhari and PDP address him on the effect of the Court of Appeal judgment in Abuja that declared the contentious section 84 (12) as Unconstitutional, null and void.

The Judge on his own, raised the issue on the ground that the PDP’s suit borders on the same section of the law in which a higher court had made pronouncement that would bind on lower court.

Counsel to PDP Joseph Daudu, a Senior Advocate of Nigeria SAN in response made spirited attempts to draw a distinction between the two matters and why the Judge should proceed to hear the PDP’s suit.

However, the Counsel representing President Buhari and Nigeria’s Attorney General and Minister of Justice Abubakar Malami, Mr. Oladipupo Okpeseyi SAN, disagreed with the PDP’s Counsel insisting that there was no difference between the Umuahia suit and that of PDP because the two are on the same section 84 (12) of the Electoral Act.

Following the disagreement, Justice Ekwo held that all parties in the matter shall address him on May 24 on whether to abide by the Court of Appeal decision or proceed with the one before him.

The section 84 ( 12) of the Electoral Act orders all political appointees to resign from their positions 30 days to the conduct of the primary election that would produce candidates for elective offices in the 2023 general elections.

Nnenna.O