President Muhammadu Buhari and the Attorney General of the Federation (AGF) Abubakar Malami, on Friday, lost the bid to overturn decision of the National Assembly that members of his cabinet are not qualified to vote or be voted for in any political contest without resigning six months to such an exercise.
Lawan urges striking NASS workers to call off action, embrace dialogue
That was the verdict of the Supreme Court on Friday as it struck out the suit challenging Section 84(12) of the Electoral Act, with the seven justices of the apex court saying it lacked merit and an abuse of court process and therefore, expunged it.
Buhari and had filed had approached the highest court in the land, on April 29 seeking an interpretation of the controversial clause in the Electoral Amendment Act 2022, with NASS listed as the sole defendant.
Ahead of the party primaries that held recently, members of the Federal Executive Council (FEC), particularly ministers, had insisted that they would only abide by the provision of the constitution, which stipulates that they were required to resign a month to an election, as opposed to the new electoral act which requires that they do so six months ahead.
The President and the AGF, had backed the position of the Ministers, setting off intense debate in the polity after the NASS flatly rejected the President’s request to amend the relevant portions of the new act, which he assented to in February.
Buhari had asked the National Assembly to delete the contended clause in Section 84 (12), stating: “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.”
Read Also: Buhari to UGM behind S’East ‘wild killing’: You’ll soon see my red eyes
Failing at that level, the President and AGF ran to the apex court in the suit marked SC/CV/504/2022 and filed on April 29, 2022, seeking an order to strike out the section of the Electoral Act, which they argue was inconsistent with the nation’s constitution.
They particularly contended 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.
Squadron
They also argued that the constitution already makes provisions for 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.
To them, the Supreme Court should make: “A declaration that the joint and or combined reading of the section 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 provision 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”.
But all the efforts came to naught on Friday, when the Supreme Court held that the President having assented to the bill on February 25 2022, could not turn around to challenge same act .
Justice Emmanuel Agim, reading the lead judgement, which was unanimously endorsed by the six others, the court said allowing the suit to have its way would amount to approbating and reprobating at the same time and no court of law should allow that.
The Apex Court unanimously agreed that President Buhari lacked the jurisdiction to bring the suit before it because of the nature of the reliefs sought.
