From Godwin Tsa, Abuja
The Supreme Court yesterday reserved judgment in a suit filed by President Muhammadu Buhari and the Attorney General of the Federation (AGF), seeking to void Section 84 (12) of the Electoral Act 2022.
Justice Musa Dattijo Mohammed, who headed a seven-member panel of the apex court, announced the reservation of judgment after lawyer to the parties made their final submissions yesterday.
Buhari and Malami are, in the suit marked: SC/CV/504/2022, contending that the Constitution made provisions for qualifications and disqualifications for the offices of the President and Vice President, Governor and Deputy-Governor, Senate and House of Representatives, and House of Assembly, Ministers, Commissioners and Special Advisers.
They want an order nullifying the provisions of Section 84 (12) of the Electoral Act 2022, by application of the blue pencil rule, for being unconstitutional, illegal, null and void and having been made in excess of the legislative powers of the defendant, as enshrined in Section 4 of the 1999 Constitution.
Justice Mohammed said parties would be informed about the date of delivery when the judgment is ready.
Justice Musa Dattijo, who led the seven-member panel of the Justices of the apex court, yesterday, allowed the joint application that Rivers brought through the Speaker of its House of Assembly and its Attorney-General, and adjourned hearing on the suit until May 26. They are seeking an order of the apex court to strike out the section of the Electoral Act, saying it is inconsistent with the nation’s Constitution.
In the same vein, the National Assembly had asked the Supreme Court to strike out the suit. It argued that the 1999 Constitution, as amended, gave the National Assembly the power to make laws for good governance.