Electoral ProcessHuman Rights IssuesJudiciaryPolitics

SECTION 84(12) OF THE ELECTORAL ACT 2022:SUPREME COURT TO HEAR BUHARI, MALAMI’S SUIT ON THURSDAY

SECTION 84(12) OF THE ELECTORAL ACT 2022:SUPREME COURT TO HEAR BUHARI, MALAMI'S SUIT ON THURSDAY

The Supreme Court has slated May 19 for hearing in the suit by President Muhammadu Buhari and Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, SAN.

The court will on Thursday entertain the suit filed on April 29, 2022, marked: SC/CV/504/2022, which has the National Assembly listed as sole defendant.
The plaintiffs are contending, among others, that the said section of the Electoral Act 2022 is in conflict with constitutional provisions.
Also, a Federal High Court in Abuja, yesterday, fixed May 24 for definite hearing in a suit instituted against Buhari by the Peoples Democratic Party (PDP) on Section 84(11) and (12) of the Act.
Justice Inyang Eden Ekwo fixed the new date to enable Buhari and PDP address him on effect of the Court of Appeal judgment in Abuja, which declared the contentious section unconstitutional, null and void.

The judge, during the proceeding, raised the issue on the ground that PDP’s suit bothers on the same section of the law in which a higher court had made pronouncement binding on a lower court.
In response, Joseph Daudu, a Senior Advocate of Nigeria (SAN), made spirited attempt to draw distinction between the two matters and why the judge should proceed to hear PDP’s suit.
However, Oladipupo Okpeseyi (SAN) disagreed with the PDP’s lawyer, insisting there was no difference between the suit by a Federal High Court in Umuahia and that of the political party because the two are on the same section of the Act.
Following the disagreement, the judge held that all parties in the matter should on May 24 address him on whether to abide by the Court of Appeal decision or proceed with the one before him.
Section 84(12) of the Electoral Act orders all political appointees to resign from their positions 30 days to the conduct of the primary election that would produce candidates for elective offices in the 2023 general elections.
The controversy continues to rage among the political class few days to the conduct of Presidential primaries by all political parties.

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