The Supreme Court of Nigeria has reserved the Judgment on the debated Section 84 (12) of the Electoral Act 2022, after all parties have adopted their final addresses.
At a resumed hearing on Thursday, Justice Muhammad Dattijo, who led seven panel of judges said, the date for the judgment would be communicated to parties involved.
The suit was filed by President Muhammadu Buhari and the Attorney General of the Federation, AGF, Abubakar Malami seeking an interpretation of Section 84(12) of the electoral act 2022.
The suit was filed on April 29, 2022 with the President and AGF as plaintiffs, while the National Assembly as the sole defendant.
Inconsistent With Constitution
They are seeking an order of the apex court to strike out the section of the Electoral Act, saying it is inconsistent with the nation’s Constitution.
President Buhari and Malami also contended that the Constitution 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.
According to the counsel to the Plaintiffs Lateef Fagbemi SAN, section 84 (12) of the electoral Act seeks to deprive certain persons from exercising their rights and therefore should be struck-out.
Counsel to the first defendant, which is the National Assembly, Mr. Kayode Ajulo, argued that the plaintiff had no legal right to institute the suit.
He further argued that the Plaintiff had contradicted himself in the suit, which appeared to be challenging himself.
While counsel to the 2nd and 3rd defendants (Rivers State) Mr Emmanuel Ukala SAN, argued that the naming of the president in the suit was unnecessary.
He said, the president was constitutionally expected in the circumstances to either assent, or withhold assent.
No Conflicts
Meanwhile, counsel to the Nigerian Bar Association, NBA, who was joined as Amicus curiae in the matter, argued that there were no conflicts in the section 84 (12) and 84(3) against the African charter of people’s rights.
He also argued that the alleged discrimination by the political appointees in the suit was not defined by the Constitution.
At the proceedings, the All Progressive Grand Alliance, APGA and the Nigeria Bar Association NBA joined as interested parties.
APGA, however opted out by withdrawing its application, which was subsequently struck-out by the Apex Court.
Lateefah Ibrahim
Leave a Reply