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Supreme Court Reserves Judgment In Case Filed By Buhari, Attorney-General Seeking To Obtain Reliefs Favouring Malami And Central Bank Gov, Emefiele’s Political Ambitions

The court will announce a date to the parties involved.

The Supreme Court on Thursday reserved judgment in the suit filed by President Muhammadu Buhari and Attorney-General of the Federation, Abubakar Malami, to void the provisions of Section 84(12) of the Electoral Act, 2022.

The court will announce a date to the parties involved.

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The Supreme Court, last Thursday granted Rivers State’s request to be joined as an interested party in the suit seeking to void the controversial Section 84 (12) of the Electoral Act 2022.

The seven-man panel presided over by Justice Musa Dattijo Mohammed, agreed with counsel to the plaintiffs, Emmanuel Ukala (SAN).

The panel thereafter adjourned the matter to Thursday, May 26.

By granting the request, the Supreme Court joined the Speaker of Rivers House of Assembly and the Attorney General as second and third defendants following a concession by President Muhammadu Buhari’s lawyer, Prince Lateef Fagbemi (SAN).

Buhari and Malami had dragged the National Assembly before the Supreme Court over Section 84 (12) of the Electoral (Amendment) Act, 2022.

The law bars political appointees like Malami from seeking elective public office or voting as delegates in a party primary unless they resign their positions.

Malami was seeking to contest for the Kebbi State governorship and had collected the nomination and expression of interest forms.

Buhari and Malami had in the suit marked SC/CV/504/2022 and filed on April 29, 2022, asked the court to remove the clause in the electoral act.

The duo told the apex court that the 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 Article 2 of the African Charter on Human and People and Peoples Rights.

They are seeking an order of the court to strike out the section of the Act, which they said was inconsistent with the nation’s constitution.

 

Buhari while signing the amended bill into law on February 25 had urged the parliament to expunge Clause 84(12) of the Act.

The clause 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.”

 

In March, both chambers of the National Assembly rejected the President’s request to amend the clause in the electoral act.

Subsequently, the Attorney-General boasted that the Nigerian government would consider all other options available before taking a position on the matter.

The duo added that the Nigerian constitution already provides 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.

Like Malami, the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, was also seeking to contest for an elective office, in his case, the office of the Nigerian President, while still in office as the governor of the apex bank.