From Godwin Tsa, Abuja

The Supreme Court has struck out the suit filed by President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, to void section 84 (12) of the Electoral Act, 2022.

In a unanimous judgment on Friday, a seven-member panel of the Justices led by Justice Muhammad Dattijo held that it lacked the jurisdiction to entertain the suit, which it said amounted to an abuse of the judicial process.

The apex court held that President Buhari was not a proper person to approach it with such suit owing to the nature of reliefs that were sought.

The court held that Buhari having assented to the Electoral Bill on February 25, 2022 has no power to turn around to challenge the legality of the Act.

The judgment prepared and delivered by Justice Emmanuel Agim said the action of Buhari in filing the case was declared as a gross abuse of court.

The court said that the president by the suit sought to approbate and reprobate at the same time and that such most not be allowed.

In a suit marked SC/CV/504/2022, President Buhari and Malami had contended that section 84(12) of the Electoral (Amendment) Act, 2022, was inconsistent with the provisions of sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the constitution as well Article 2 of the African Charter on Human and Peoples Rights.

The Plaintiffs, among other things, sought “a declaration that the joint and or combined reading of Section 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution, the provision of Section 84 (12) of the Electoral Act, 2022 which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void”.

Meanwhile, though the National Assembly was originally cited as sole respondent in the matter, however, Rivers State, through the Speaker of its House of Assembly and its Attorney-General, subsequently applied and were joined as interested parties in the matter.

While opposing the suit, Rivers state, in preliminary objection it filed before the apex court, argued that section 84 (12) of the Electoral Act, 2022, was “neither a detraction from the provisions of Section 84 (3) of the same Act nor from the provision of sections 42(1), 65, 66, 107, 131, 137, 177, 182 and 192 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and there is no any abuse of the Constitution by the defendant in enacting the provisions of section 84(12) of the Act”.

It argued that President Buhari, having accented to the Electoral Bill, he “has conclusively discharged his duty under the Constitution.”

More so, counsel to the state, Mr. Emmanuel Ukala, SAN, argued that the suit ought to have been filed before a High Court since President Buhari did not challenge the encroachment on his Executive powers by the Legislature.

Likewise, the National Assembly, through its lawyer, Dr. Kayode Ajulo, asked the Supreme Court to strike out the suit, accusing both President Buhari and Malami of abusing the judicial process. He argued that President Buhari, having assented to the Electoral Act, could not turn back to challenge its provisions in court.

Nevertheless, counsel for President Buhari and Malami, Mr. Lateef Fagbemi, SAN, urged the court to allow the appeal and nullify the controversial section which he said would deny political appointees the right to participate in election. In its lead judgment that was prepared and delivered by Justice Emmanuel Agim on Friday, the apex court upheld arguments of the defendants and accordingly struck out the suit.