In its ruling on Friday, the Apex Court held that Buhari, having assented to the Electoral Bill on February 25, 2022, has no power to challenge the legality of the Electoral Act.
The Supreme Court, on Friday, dismissed a suit filed by President Muhammadu Buhari and the Attorney-General of the Federation, Abubakar Malami, to void the provisions of Section 84(12) of the Electoral Act, 2022.
In its ruling on Friday, the Apex Court held that Buhari, having assented to the Electoral Bill on February 25, 2022, has no power to challenge the legality of the Electoral Act.
Justice Emmanuel Akomaye Agim held that the action of Buhari in instituting the case was declared as a gross abuse of court.
The Court upheld Kayode Ajulo's preliminary objection that the President cannot approbate and reprobate at the same time and that Buhari had no power under any law to dictate to the National Assembly on law-making.
The unanimous verdict held that Buhari having participated in the making of the Electoral Act by his assent, lacked Constitutional Powers to come up to challenge the same.
Buhari and Malami had in the suit marked SC/CV/504/2022 and filed by Lateef Fagbemo 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.”