Northern Nigerian Breaking News

Section 84(12): Court fixes date for report on Supreme Court decision

29

A Federal High Court, Abuja, on Tuesday, fixed June 28 for report on the outcome of the Federal Government’s suit seeking an interpretation of Section 84(12) of the Electoral Amendment Act, 2022 before the Supreme Court.

Justice Inyang Ekwo adjourned the matter after counsel for the plaintiff (Peoples Democratic Party), Joseph Daudu, SAN, told the court that the hearing of his case would depend on the apex court decision on the suit before it.

Upon resumption of the matter, Daudu informed that though the case was adjourned for all parties to look at their processes, some applications were served on him by some of the respondents.

Read Also: ICPC to track 550 projects in 18 states

Justice Ekwo then asked the senior lawyer if he had done a review of his case going by the directive he gave on the last adjourned date.

Daudu said he discovered that the judgment of the Court of Appeal on Section 84(12), if applied, would make the work of the court easier because the appellant court agreed with his client on two points.

He, however, said that the Appeal Court judgment “is still merely persuasive since it is not the final court.”

According to him, it is only the Supreme Court that has the final say.

Daudu further said that if there would be a likelihood of decision on the suit filed by the president and the Attorney-General of the Federation (AGF) on Thursday at the Supreme Court, the outcome would be either for the judgment to be binding on them or to allow the court hear their matter.

“So all is pointing to the direction to know what the Supreme Court will say,” he said.

The judge then said that since processes had been filed and no response had been done, that showed that no issue had been joined.

“That means this matter has to abate,” he said.

Justice Ekwo, who ordered all the parties in the suit to file relevant processes before the new date, adjourned the matter until June 28 for report.

The News Agency of Nigeria (NAN) reports that the court had, on May 16, asked the PDP to take a critical look at the development in its suit to know if it could still continue with the case.

Ekwo gave the advice after counsel for the PDP, Daudu, informed the court that based on the Court of Appeal judgment sitting in Abuja, the court could continue with the matter before it.

- Advertisement -

NAN reports that the PDP had sued the President, the Attorney-General of the Federation (AGF), Senate President, Speaker of the House of Representatives and Clerk of National Assembly.

It also sued Senate Leader, House of Representatives Leader and the Independent National Electoral Commission (INEC) as 1st to 8th defendants respectively.

Others include Deputy Senate President, Deputy Speaker of House of Representatives, Deputy Senate Leader and Deputy Leader of the House of Representatives as 9th to 12th defendants in the matter.

The court had also joined Allied People’s Movement (APM) as 13 defendant in the suit marked: FHC/ABJ/CS/247/2022.

The PDP had challenged the legality or otherwise of the National Assembly tinkering with Section 84(12) of the Electoral Act, after it had been signed into law by President Muhammadu Buhari.

Amidst debate about the subject matter, a Federal High Court, Umuahia in Abia and presided over by Justice Evelyn Anyadike, on March 18, ordered the AGF to delete Section 84(12) of the Act.

Anyadike, in the judgment, held that the section was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.”

Anyadike held that Sections 66(1)(f), 107(1)(f), 137(1)(f), and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election.

But the Court of Appeal in Abuja, on May 11, vacated the judgement of the Federal High Court in Umuahia, Abia State, which voided the provision of Section 84(12) of the Electoral Act, 2022.

The appellate court, in a unanimous decision by a three-member panel of justices led by Justice Hamma Akawu Barka, held that the person that instituted the matter at the lower court, Mr Nduka Edede, lacked the locus standi to do so.

The appellate court, which invoked its constitutional powers to look at the substantive suit on its merit, however held that Section 84(12) was unconstitutional and in breach of Section 42 (1)(a) of the 1999 Constitution (as amended), stressing that the section denied a class of Nigerian citizens their right to participate in election.

NAN reports that the Federal Government had also on April 29 filed a suit at the Supreme Court, seeking an interpretation of Section 84(12) of the Electoral Amendment Act, 2022.

In the suit filed by the president and the Attorney-General of the Federation (AGF), who are the plaintiffs, listed the National Assembly as the sole defendant.

They are seeking an order of the apex court to strike out the section of the Electoral Act, saying it is inconsistent with the nation’s Constitution.

The Supreme Court had also joined the Rivers Attorney-General and the Speaker of the state House of Assembly as defendants in the suit on May 19 and fixed Thursday for hearing.(NAN)

29 Comments
  1. Ralphcatty says

    how long for cialis to work cialis

  2. Stromsibra says

    ivermectin 1 cream generic cost of ivermectin

  3. Ivergeld says

    ivermectin gel stromectol liquid

  4. ChesterMes says

    https://stromectolgf.online/# stromectol ivermectin tablets

  5. gralion torile says

    I used to be more than happy to seek out this net-site.I wished to thanks on your time for this glorious read!! I positively enjoying every little little bit of it and I’ve you bookmarked to take a look at new stuff you weblog post.

  6. CameronSycle says

    legal to buy prescription drugs from canada canadian online pharmacy

  7. CameronSycle says

    legal to buy prescription drugs without prescription ed meds online without doctor prescription

  8. CameronSycle says

    amoxicillin without a doctor’s prescription online prescription for ed meds

  9. HomerTak says

    furosemide lasix online

  10. Anthonybeera says

    https://buytadalafil.men/# tadalafil online india

  11. zorivare worilon says

    Nice post. I learn something more challenging on different blogs everyday. It will always be stimulating to read content from other writers and practice a little something from their store. I’d prefer to use some with the content on my blog whether you don’t mind. Natually I’ll give you a link on your web blog. Thanks for sharing.

  12. Robertsmows says

    https://diflucan.icu/# diflucan 200 mg tablet

  13. DanielPreem says

    stromectol for sale stromectol for sale

  14. DanielPreem says

    doxycycline purchase doxycycline

  15. KevinseF says

    https://pharmacyizi.com/# ed medications over the counter

  16. Jamesoxymn says

    best ed medication cheap ed drugs

  17. Richardcaumn says

    men with ed treat ed

  18. rugged tablet says

    I have recently started a site, the info you provide on this site has helped me greatly. Thank you for all of your time & work.

  19. RichardMon says
  20. Pillkam says

    good pharmacy canadian pharmacy meds

  21. GeraldKnory says

    canadian pharmacy online canada canada prescription plus pharmacy

  22. hydro jet blaster says

    As I web site possessor I believe the content matter here is rattling great , appreciate it for your efforts. You should keep it up forever! Best of luck.

  23. EarnestJoype says

    best online canadian pharmacy Hyzaar

  24. Pillkam says

    canadian drugstore online canadian drugs

  25. RichardMon says
  26. GeraldKnory says

    ed pills for sale erection pills online

  27. Pillkam says

    pharmacy tech Chloromycetin

  28. cat cave says

    I have been reading out a few of your posts and i can state pretty good stuff. I will surely bookmark your blog.

  29. buddha statue says

    We are a gaggle of volunteers and opening a new scheme in our community. Your web site offered us with helpful info to paintings on. You have done an impressive job and our entire neighborhood can be grateful to you.

Leave A Reply

Your email address will not be published.