A Federal High Court sitting in Abuja, Nigeria, has stopped the country’s President, Muhammadu Buhari, Attorney General of the Federation (AGF), Abubakar Malami, and Senate President Ahmad Lawan from tampering with the newly amended Electoral Act 2022.
The People’s Democratic Party (PDP) has dragged President Muhammadu Buhari before the court challenging his new move to tamper with the newly amended Electoral Act signed into law some days ago by the President.
The President is being sued along with the AGF and Minister of Justice, Senate President, Speaker, House of Representatives, Clerk of National Assembly, Senate Leader, House of Representatives Leader and Independent National Electoral Commission INEC.
Judge Justice Inyang Eden Ekwo, in a ruling on an ex-parte application by the PDP, agreed that the Electoral Act has become a valid Law and cannot be tampered with without following due process.
The Judge agreed with counsel to PDP, Chief James Ogwu Onoja SAN, that the proper place to challenge the validity of any existing law is in the court of competent jurisdiction.
Specifically, the court restrained all the defendants in the suit from removing section 84 (12) of the Electoral Act or preventing it from being implemented for the 2023 general elections.
Also joined as defendants in the suit marked are; Deputy Senate President, Deputy Speaker, House of Representatives, Deputy Senate Leader and Deputy House of Representatives Leader.
The main opposition party in the suit filed on its behalf by Chief James Ogwu Onoja SAN prayed the Federal High Court for an order of interim injunction restraining President Buhari and other defendants from refusing to implement the duly signed Electoral Act or in any manner withholding the Electoral Act from being put to use including the provisions of section 84 (12) of the said Act pending the resolution of the suit.
PDP also applied for an order of the court stopping the National Assembly from giving effect to President Buhari’s request to remove section 84 (12) from the Electoral Act or take any step that will make the provision inoperative pending the resolution of the motion on notice for interlocutory injunction.
The complainant of the PDP is that President Buhari has assented to the Bill on February 25, 2022, and cannot give any directive to the National Assembly to take immediate steps to remove section 84 (12) or any section of the Act on any ground whatsoever.
Justice Ekwo granted the interim injunction request and adjourned further hearing until March 21.
