President Buhari and Malami take NASS to Supreme Court over Section 84 (12) of amended electoral act

President Buhari and Malami take NASS to Supreme Court over Section 84 (12) of amended electoral act

President Muhammadu Buhari and the attorney-general of the federation and minister of justice, Mr Abubakar Malami (SAN) have filed a suit against the National Assembly at the Supreme Court.

In the lawsuit which has the national assembly as the sole respondent, the plaintiffs sought an interpretation of the controversial Section 84(12) in the Electoral Amendment Act 2022.

The plaintiffs are claiming that section 84(12) of the Electoral (Amendment) Act, 2022 which says that “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” , is inconsistent with the provisions of sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the constitution as well Article 2 of the African Charter on Human and Peoples Rights.

READ ALSO
I will Kill Omotola – Bovi Says as He Share Stunning Pics alongside the Actress

They also contended that the Nigerian constitution already provides 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.

Some of the reliefs they sought for include;

“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.

“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 defendants 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 the reason of inconsistency, unconstitutional and therefore null and void.

“A declaration that section 84(12) of the Electoral Act, 2022 disqualifying political appointees from being voting delegates 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 and in violent breach of the provision of each of the 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 and same is null and void by reason of its inconsistency.

“A declaration that by the introduction of the provision of Section 84 (12) into the Electoral Act, 2022, but in disregard of Section 84(3) of the same 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 unconditional, null and void.

“An order nullifying the provision 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 1st Defendant as enshrined in section 4 of the constitution (as amended).”



Stay Connected , follow us on: Facebook: @creebhillsdotcom, Twitter: @creebhillsblog, Instagram: @creebhills, Pinterest: @creebhills Telegram: creebhills

To place an advert/sponsored post on our site, contact us via [email protected]
Previous articlePSG Star, Kylian Mbappe wins league’s best player award for the 3rd time
Next articleFunke Akindele’s marriage allegedly in deep crisis due to extramarital affair
Pro Blogger, Online Content Developer with over 3 years of experience

LEAVE A REPLY

Please enter your comment!
Please enter your name here