Don’t tamper with Electoral Act 2022, court tells Buhari, AGF, Senate president, others

From Godwin Tsa, Abuja.

A Federal High Court sitting in Abuja has stopped President Muhammad Buhari, Attorney General of the Federation (AGF) and Senate president from tampering with the newly amended Electoral Act 2022.

Justice Inyang Ekwo gave the restraining order while ruling on ex-parte application filed by the Peoples Democratic Party (PDP). He agreed with the plaintiff’s counsel, James Onoja (SAN) with Moses Ebute (SAN) that the Electoral Act has become a valid Law and cannot be tampered with without following due process of law. He further agreed with PDP’s counsel, Onoja SAN, that the proper place  to challenge validity of any existing law is court of competent jurisdiction.

Specifically, the court restrained all the defendants in the suit from removing section 84 (12) of the Electoral Act or prevent It from being implemented for the purpose of the 2023 general elections.

The PDP had dragged President Muhammadu Buhari before the court challenging fresh move to tamper with the newly amended Electoral Act signed into law some days ago.

Buhari was sued along with the AGF and Minister of Justice, Senate President, Speaker, House of Representatives, Clerk of National Assembly, Senate Leader, House of Representatives Leader and Independent National Electoral Commission (INEC).

Also joined as defendants in the suit marked FHC/ABJ/CS/247/2022 are deputy Senate president, deputy speaker, House of Representatives, deputy Senate leader and deputy House of Representatives leader.

The PDP had prayed  the Federal High Court for an order of interim injunction restraining Buhari and other defendants from refusing to implement the duly signed Electoral Act or in any manner witholding the Electoral Act from being put to use including the provisions of section 84 (12) of the said Act pending the resolution of the suit.

PDP also applied for an order of the court stopping the National Assembly from giving effect to President Buhari’s request to remove section 84 (12) from the Electoral Act or take any step that will make the provision inoperative pending the resolution of the motion on notice for interlocutory injunction.

The grouse of the PDP is that President Buhari having assented to the Bill on February 25 cannot give any directive to the National Assembly to take immediate steps to remove the section 84 (12) or any section of the Act on any ground whatsoever.

Th court further issued an order of interim injunction restraining the other defendants, except the president and the AGF “from implementing or in manner whatsoever, giving effect to the directive of the first defendant/respondent to delete or remove the provisions of Section 84(12) of the Electoral Act 2022 on the ground that it is unconstitutional or at all or in any manner taking any step at the behest of the first defendant/respondent or at all to render Section 84 of the Electoral Act 2022 inoperative pending the determination of the motion on Notice for interlocutory injunction filed in this suit.

The PDP argued that the president, having assented to the Electoral Bill forwarded to him on February 25 cannot give any directive to the National Assembly to take immediate steps to remove a section of the said Electoral Act 2022 on any ground or grounds whatsoever.

It further argued that the duty to interpret any law is exclusively reserved for the judiciary not the Executive including the president.

The PDP contended that contrary to constitutional provisions that guaranteed the separation of powers between the Legislature, Executive and the Judiciary, the principal officers of the National Assembly, listed as defendants in the suit, “intend to usurp the judicial functions of the courts, which is exclusively reserved for the judicial arm of the government as guaranteed under the said Constitution of the Federal Government of Nigeria 1999 as amended, to give effect to the proclamation or declaration of the first defendant/respondent that the provisions of Section 4(12) of the Electoral Act 2022 is unconstitutional.”

It added that the motion ex-parte was filed to ensure that the principal officers of the National Assembly do not give effect to the President’s directive to remove Section 84(12) of the Act.

Justice Ekwo granted the interim injunction request and adjourned further hearing till March 21.