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Supreme court strikes out Malami’s suit challenging section 84(12) of Electoral Act



A lawsuit filed by Abubakar Malami, attorney-general of the federation, on behalf of the federal government, challenging section 84(12) of Electoral Act has been struck out by the supreme court.

The lawsuit challenged a section of the electoral act that reads “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.

A seven-member pane of judges led by  Musa Dattijo-Muhammad which presided over the case on Friday June 24, dismissed it and further described it as an abuse of court process.

Justice Aokmaye Agim who read the lead judgment, held that having earlier assented to the Electoral Act 2022, with section 84(12) in it, the president cannot turn around and ask the court to remove it.

He also noted that Buhari’s request for the national assembly to delete the provision amounted to constitutional violation.

Agim said; 

“There is no provision in the constitution that vests the president the power to challenge the constitutionaility or desirability of a legislation after he has assented or denied his assent. In this case, the president gave his assent.

“The president has no power to request or compel the national assembly to amend any part of the Act of the national assembly in which he has participated in its making.

“This suit cannot be entertained by this court under section 1(1) (a) of the Additional Jurisdiction of the Supreme Court Act.”

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