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Tuesday, March 28, 2023

Supreme Court Throws out Buhari, AGF Malami’s Suit against Section 84(12) of Electoral Act

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The Supreme Court on Friday threw out the suit filed by the federal government against section 84(12) of the Electoral Act, for being incompetent and lacking in merit.

Section 84 (12) of the Act says, “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.”

The apex court in a unanimous decision described President Muhammad Buhari and the Attorney-General of the Federation, Abubakar Malami’s suit as an abuse of court process and subsequently dismissed it.

According to Justice Musa Mohammed-Dittjo, who led a seven-man of the Supreme Court, the plaintiffs having earlier assented to section 84 (12) of the Electoral Act 2022, cannot turn around to approach the court to strike it down.

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

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