Electoral Act: Buhari, Malami head to Supreme Court

President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, have filed a suit at the Supreme Court, seeking an interpretation of the controversial clause in the Electoral Amendment Act 2022. Buhari and Malami, in the suit against the National Assembly, are challenging the provision of Section 84(12) of the […]

President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, have filed a suit at the Supreme Court, seeking an interpretation of the controversial clause in the Electoral Amendment Act 2022.

Buhari and Malami, in the suit against the National Assembly, are challenging the provision of Section 84(12) of the amended Electoral Act 2022, according to a report by an online newspaper, Sahara Reporters.

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According to Section 84 (12) of the legislation, “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 suit was filed following the judgment of the Federal High Court in Umuahia, Abia State that struck out Section 84(12) on the grounds that it was in conflict with sections 66(1)(f), 107(1)(f),137(1)(f) and 182(1)(f) of the Nigerian Constitution of 1999. 

The Court of Appeal had, on May 11, set aside the High Court judgment while also reiterating that the Section 84(12) is unconstitutional.