- The Supreme Court of Nigeria has struck out a suit by President Muhammadu Buhari and the minister of justice over the Electoral Act 2022 as amended
- The duo has asked the court to void the provisions of Section 84 (12) of the Electoral Act as amended
- According to the court, President Buhari asking the legislature to alter any part of the law is an attack on the principles of the separation of power
A suit filed by President Muhammadu Buhari and the Attorney General of the Federation, Abubakar Malami seeking the nullification of the provision of Section 84 (12) of the Electoral Act 2022 as amended has been struck out.
In a judgement delivered on Friday, June 24, a seven-man panel of judges at the Supreme Court led by Justice Musa Dattijo Mohammed held that Buhari having participated in the making of the law by assenting to it could not turn around to fault its provisions.
Justice Dattijo-led justices also upheld the objections raised by the National Assembly and all other defendants on the matter against the suit.
Supreme gives reasons for striking out the suit
According to the apex court, the suit by the president and his AGF is an attack on democratic principles and an abuse of the court process and the separation of power.
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In the lead judgement, Justice Emmanuel Agim said that the president cannot seek to direct or request the legislature to make a particular law or alter any law.
“The President lacks the power to direct the National Assembly to amend or enact an act..it violates the principle of separation of powers.
“There is no part of the Constitution that makes the exercise of legislative powers subject to the directive of the President"
Malami reveals what amended Electoral Bill will do Nigeria's growing insecurity
Malami had said that the electoral bill which President Buhari declined to sign will worsen insecurity if allowed to remain.
The minister who made this known also insisted that the electoral bill had implications of excessive costs.
Recall that President Buhari had refused assent to the bill because it could cause disruption of the law that governs the electoral process.
Battleline drawn as Buhari, Malami drag NASS to Supreme Court
The presidency and the Nigerian ministry of justice had sued the National Assembly over section 84(12) of the 2022 Electoral Act.
The combined legislative body is the sole defendant in a suit filed at the Supreme Court over the controversial clause in the Act.
President Buhari and AGF Abubakar Malami are calling on the apex court to strike out the clause.