Home » BREAKING: Supreme Court Decision On Section 84(12) Of The Electoral Act

BREAKING: Supreme Court Decision On Section 84(12) Of The Electoral Act

by Yvonne ONUAH

The Supreme Court of Nigeria has dismissed the suit seeking to void the provision of Section 84(12) of the Electoral Act 2022.

Recall that President Muhammadu Buhari and the Attorney General of the Federation (AGF), Abubakar Malami, had on April 29 filed a suit before the apex court challenging the constitutionality of Section 84(12) of the Electoral Act.

In a judgment on Friday, the apex court ruled that President Buhari could not seek to fault its provisions of the electoral act after participating in the law-making by assenting to it.

A seven-member panel of the apex court, headed by Justice Musa Dattijo Mohammed, gave the unanimous judgment on Friday.

The apex court upheld the objections raised by the National Assembly and other defendants against the suit and declined to determine it on merit but declared that it lacked the jurisdiction to hear it and that the case was an abuse of the court process.

Justice Emmanuel Agim, in the lead judgment, held that it was an attack on the democratic principle of Separation of Powers for the President to seek to direct the Legislature to make a particular law or alter any law.

According to Justice Agim, the President lacked the power to direct the National Assembly to amend or enact an act because it violates the separation of powers.

The judge added that no part of the Constitution makes the exercise of legislative powers subject to the directive of the President.

The controversial Section 84(12) reads: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

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