Nigeria’s highest court, the Supreme Court on Friday knocked out a suit filed by President Muhammad Buhari and his attorney-General, Abubakar Malami, to challenge the controversial section 84(12) of the new assented Electoral Act.
The ruling, which was unanimously struck out the suit on the ground of being an abuse of court process, was delivered by a bench led by Musa Dattijo-Muhammad.
Other members of the bench who consented to the lead judgement are Dattijo-Muhammad, John Okoro, Amina Augie, Lawal Garba and Ibrahim Saulawa.
Aokmaye Agim, who delivered the lead judgement, held that Mr Buhari, having earlier assented to section 84 (12) of the Electoral Act 2022, cannot turn around to approach the court to strike it down.
Mr Agim said, “This suit cannot be entertained by this court under section 1(1) (a) of the Additional Jurisdiction of the Supreme Court Act. “
“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,” Mr Agim ruled.
The Nigerian President in March signed the reworked Electoral Act Amendment Bill 2022 after many years of back and forth. The new law among other provisions empowers the Nigerian Independent National Electoral Commission (INEC) to deploy technological solutions for elections in the country.
President Buhari in a letter to the National Assembly later asked the federal lawmakers to amend the Act, by deleting Section 84 (12), which, according to him, constitutes a “defect” that is in conflict with extant Constitutional provisions.
The clause 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.”
The Assembly however rejected President Buhari’s request to amend the provision.
Justice Agim added that “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.”
The effect of the new law has seen a number president Buhari’s appointees resign particularly during the height of the ruling party, the All-Progressive Congress primary elections. Notably amongst them is the former Minister of Transportation, Rotimi Amaechi who had to resign to pursue his presidential ambition.