Northern Nigerian Breaking News

Supreme Court fixes date to hear Buhari, Malami’s suit on section 84 (12)

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The Supreme Court of Nigeria has slated May 19, 2022 to hear the suit filed by President Muhammadu Buhari and the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) over Section 84 (12) of the Electoral Act.

The matter has been slated on the course list of the court for the week.

In the suit filed on April 29, 2022, marked: SC/CV/504/2022 by the President and the Chief Law Officer of the country, where-in they are contending that the said section of the Electoral Act 2022 is in conflict with constitutional provisions, hast he National Assembly as the sole defendant.

The plaintiffs noted that the Constitution has made provisions for qualifications and disqualifications for the offices of the President and Vice President, Governor and Deputy-Govemor, Senate and House of Representatives and House of Assembly, Ministers, Commissioners and Special Advisers.

Buhari and Malami added that the same Constitution has equally, “The qualifying factors for election into the office of President, Vice President. Governor, Deputy Gavemor, Senate, House of Representatives, Houses of Assembly and Ministers.”

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They also prayed the apex court to declare that, by the joint and or combined reading of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196, of the Constitution of the Federal Republic of Nigeria, 1999, (as amended), the provisions of Section 84 (12) of the Electoral Act, 2022 which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.

“A declaration that having regard to the clear provision of Section 1(3) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, read together with Section 4 of the same Constitution, the legislative powers vested in the defendant do not permit or empower it to make any other law prescribing additional qualifying /disqualifying grounds for election to the National Assembly, House of Assembly, Gubernatorial and Presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for reason of inconsistency, unconstitutional and therefore null and void.

“A declaration that Section 84 (12) of the Electoral Act, 2022 disqualifying a political appointee from being a voting delegate or be voted for at a convention or congress of any political party for the purpose of the nomination of candidates for any election is discriminatory, inconsistent with and in violent breach of the provision of each or all of Sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended), as well as Article 2 of the African Charter on Human and Peoples Rights and some is null and void by reason of its inconsistency.

“A declaration that by the introduction of the provisions of Section 84(12) into the Electoral Act, 2022, but in disregard of Section 84(3) of the some Act, the Defendant has acted ultra vires the legislative powers vested in it under the provision of section 4 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and/or in violation or breach of the provisions of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196, thereby rendering Section 84(12) of the Electoral Act, 2022 unconstitutional, null and void”.

They also pray for an order nullifying the provisions of Section 84 (12) of the Electoral Act, 2022 by application of the blue pencil rule, for being unconstitutional, illegal, null and void and having been made in excess of the legislative powers of the defendant as enshrined in Section 4 of the 1999 Constitution (as amended).

Qed

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