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Supreme Court strikes out suit on controversial section 84(12) of the Electoral Act

Nigerian Supreme Court on Friday struck out President Muhammadu Buhari and the Attorney General of the Federation’s suit challenging Section 84(12) of the Electoral Act.

The case was set aside on the grounds that it lacks the jurisdiction to entertain the suit and is an abuse of the court process.

Earlier, a notice for the judgment delivery was served on President Buhari and the National Assembly on Thursday, inviting them to appear before the court today for the judgment.

The President and his Minister of Justice, Abubakar Malami, had filed a suit at the Supreme Court, seeking an interpretation of the controversial clause in the Electoral Amendment Act 2022.

In the suit filed on April 29, Buhari and Malami, who are the plaintiffs, listed the National Assembly as the sole defendant.

There have been several debates regarding Section 84(12) of the amended Electoral Act 2022 which was assented to in February.

Upon assenting to the act, President Buhari had asked the National Assembly to delete the contended clause, however, the parliament declined the president’s request.

Section 84 (12) of the legislation holds 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.”

In their suit marked SC/CV/504/2022 and filed on April 29, 2022, President Buhari and Malami sought an order of the apex court to strike out the section of the Electoral Act, which they argue was inconsistent with the nation’s constitution.

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