Justice Inyang Ekwo of the Federal High Court in Abuja has restrained the National Assembly from taking any further step with section 84 (12) of the newly amended Electoral Act.
Justice Ekwo gave the order on Monday while delivering his ruling in an ex-parte application by the Peoples Democratic Party (PDP), challenging the propriety of the National Assembly to amend a bill already signed into law by the President.
Buhari had signed the Electoral Act Amendment Bill into law on February 25.
But the President, while assenting the bill, asked the National Assembly to delete section 84 (12) of the act on the grounds that the section disenfranchised political appointees
The said section 84 (12) of the Electoral Act 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.”
The development indicates that political appointees in the current administration, seeking to contest the 2023 elections, must resign their appointments by June.
But the PDP has filed a suit against Buhari, challenging the legality of his request for amendment of the act.
The PDP also named the Attorney-General of the Federation (AGF), Senate President, Speaker of the House of Representatives, Clerk of the National Assembly, Senate Leader, House of Representatives Leader and the Independent National Electoral Commission (INEC) as co-defendants to the suit.
Other defendants to the suit include Deputy Senate President, Deputy Speaker of the House of Representatives, Deputy Senate Leader and Deputy House of Representatives Leader.
Having listened to the argument by the lawyer to the PDP, Ogwu Onoja, Justice Ekwo granted the prayers of the PDP on the grounds that the application is meritorious.
The judge also restrained the defendants from taking further actions in relation to the president’s request to delete section 84 (12), pending the determination of the substantive suit.
The judge also directed the applicant to serve the order and the court processes on all the defendants.
The judge later adjourned the matter till March 21 for the hearing of the substantive suit.
In the suit marked FHC/ABJ/ CS/247/2022, the PDP wants the court to declare that Buhari’s power regarding lawmaking is limited to assenting to a bill of the National Assembly or withholding assent and does not extend to giving conditional assent.
The PDP is further asking the court to hold that section 84 (12) is constitutional and meant to be enforced by INEC.
The plaintiff is further seeking for a declaration that section 84 (12) is not inconsistent with sections 40 and 42 of the 1999 Constitution (as amended) and “does not offend constitutional provisions on disqualification of a person from election to office”.
The PDP is also asking the court for an order of mandatory injunction, compelling INEC to immediately give effect to the Electoral Act, including the said section 84 (12).
The party is further asking the court for an order of injunction restraining the defendants from treating section 84 (12) as unconstitutional or in any manner denying it its efficacy or altering it on the grounds that it is unconstitutional.
The PDP is also seeking for another order of injunction “restraining the 3rd to 12th defendants from implementing the President’s directive”.
