The Supreme Court has reserved its judgement in a suit by President Muhammadu Buhari and the Attorney-General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami (SAN) seeking to nullify Section 84 (12) of the Electoral Act, 2022 as passed by the National Assembly.
Buhari and Malami had filed the legal action at the Supreme Court, asking the apex court to interpret the said section 84 (12) in the Electoral Amendment Act 2022.
When the matter came up Thursday, a seven-member panel of the Supreme Court led by Justice Mohammed Datijjo, told the parties that a date for the delivery of the much awaited judgment would be communicated to them.
The apex court stated this after taking fierce arguments from lawyers to the parties and adoption of their final arguments.
During the proceedings, the All Progressives Grand Alliance (APGA) and the Nigerian Bar Association (NBA) brought applications, seeking to be joined as interested parties in the matter.
But APGA later opted out by withdrawing its application while the application was subsequently struck out by the apex court.
But the Supreme Court granted the request of the NBA to join the suit as a friend of the court and offer its legal perspectives that will help guide the apex court in reaching a just and fair determination of the suit.
In his arguments before the Supreme Court, the lead lawyer to the Speaker of the Rivers State House of Assembly and Attorney General of the state, Mr Emmanuel Ukala (SAN), cited the Supreme Court additional jurisdictions Act, saying that Buhari lacks the right to institute such a suit as he is not directly affected by Section 84 (12] of the Electoral Act.
The said section 84 (12) the Electoral Amendment Act 2022, provides that “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.”
Ukala further argued that the appointees affected by the law should have been the ones instituting the suit for being shut out from exercising their rights.
In the same vein, the National Assembly, the sole defendant before the Rivers State government was joined, opposed the filing of the suit at the apex court.
Lawyer to the National Assembly, Mr Kayode Ajulo, also argued that the Supreme Court “lacks the requisite jurisdiction to hear and determine this suit.”
But the lawyer to Buhari and AGF Malami, Chief Lateef Fagbemi (SAN), said the Supreme Court has the jurisdiction to hear and determine the suit.
In the suit marked SC/CV/504/2022 and filed on April 29, Buhari and Malami are asking the apex court to strike out section 84 (12) of the Electoral Act, as they argue that the said section is inconsistent with the 1999 Constitution (as amended).
Buhari and Malami also argue that the said 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 1999 Constitution (as amended), as well Article 2 of the African Charter on Human and People and Peoples Rights.
According to the President and the AGF, the 1999 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.
