• Home
  • News

    New Naira Notes Scarcity: Workers’ January Salary Hang in Banks

    FG unveils Road Map on Ageing

    Stakeholders brainstorm on improving Nigeria’s energy transition plan

    Banks Will Accept Old Notes Sfter Deadline – Emefiele Tells Reps

    Peace Corps Train Officers Ahead Of Buhari’s Assent To Bill

    Brighton beat holders Liverpool 2-1 in FA Cup

    Brighton beat holders Liverpool 2-1 in FA Cup

    Osimhen scores as Napoli defeat Roma 2-1

    Osimhen scores as Napoli defeat Roma 2-1

  • Politics
  • Security
  • Opinion
  • Sports
  • Technology
  • About Us
  • Contact Us
No Result
View All Result
9jaYarn
  • Home
  • News

    New Naira Notes Scarcity: Workers’ January Salary Hang in Banks

    FG unveils Road Map on Ageing

    Stakeholders brainstorm on improving Nigeria’s energy transition plan

    Banks Will Accept Old Notes Sfter Deadline – Emefiele Tells Reps

    Peace Corps Train Officers Ahead Of Buhari’s Assent To Bill

    Brighton beat holders Liverpool 2-1 in FA Cup

    Brighton beat holders Liverpool 2-1 in FA Cup

    Osimhen scores as Napoli defeat Roma 2-1

    Osimhen scores as Napoli defeat Roma 2-1

  • Politics
  • Security
  • Opinion
  • Sports
  • Technology
  • About Us
  • Contact Us
No Result
View All Result
9jaYarn
No Result
View All Result

Supreme Court strikes out Buhari, Malami’s suit against new Electoral Act

June 24, 2022

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

The apex court, in a unanimous decision by a seven-man 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.

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

President Buhari and Malami had in the suit marked SC/CV/504/2022, 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”.

“A declaration that having regard to the clear provision of section 1(3) of the Constitution read together with section 4 of the same Constitution, the legislative powers vested in the defendant do not permit or empower it to make any other law prescribing additional qualifying/disqualifying grounds for election to the national assembly, house of assembly, gubernatorial and presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 constitution of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for the reason of inconsistency, unconstitutional and therefore null and void.

As well as, “An order nullifying the provision 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 constitution (as amended).”

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, he could not turn back to challenge its provisions in court.

“The crux of our objection is that the plaintiffs as constituted do not have the legal right to invoke the original jurisdiction of this court as provided for in section 232 (1) of the Constitution.

“It can only be invoked if there is a dispute between the President and the National Assembly, when there is a dispute on the issue of law.

“There are other places where this issue can be ventilated. It is not in this court.

“It appears as if the President is suing himself, since he also assented to the Electoral Act in question.

“The suit ought to have been filed in the name of those appointees and in that case we would not have been in this court.

“What they have attempted to do is to use the name of the President to invoke the original jurisdiction of this court, in representative capacity”, Ajulo argued.

On its part, the Nigerian Bar Association, NBA, brought an application to be allowed into the case as amicus curiae (friend of the court).

The legal body, which said it was before the court to represent Nigerian citizens, also prayed the Supreme Court to dismiss the suit in public interest.

“It is our submission that there is no conflict between section 84(12) and any other section of the Electoral Act, the 1999 Constitution, as amended, or the African Charter on Human and Peoples Right.

“Your lordships should take note of the ill the said section is meant to cure. The essence of the section is to provide a level playing field for all Nigerians, such that political appointees should not use their office to advance their personal interests”, counsel for the NBA, Mr. Charles Mekunye, SAN, submitted.

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 judgement that was prepared and delivered y Justice Emmanuel Agim on Friday, the apex court, upheld arguments of the Defendants and accordingly struck out the suit.

Share74Tweet46Send
Emem Unwana

Emem Unwana

Related Posts

Business

New Naira Notes Scarcity: Workers’ January Salary Hang in Banks

February 2, 2023

Fears mount as many Nigerian public and private salary workers have continued to run out of patience in their scrambling for new naira cash either via over-the-counter or at ATMs nationwide. Reports showed that many workers had received their...

Lifestyle

FG unveils Road Map on Ageing

February 1, 2023

The National Senior Citizens Centre (NSCC) has launched its Strategic Roadmap on Ageing 2022 to 2032 and the National Plan Action on Ageing in Nigeria and Project Activities 2021 to 2025 respectively.The Director-General of NSCC, Dr Emem Omokaro said...

News

Stakeholders brainstorm on improving Nigeria’s energy transition plan

January 31, 2023

Stakeholders in the nation’s energy sector gathered in Abuja on Tuesday to brainstorm on ways of improving the energy transition plan, using green hydrogen to boost power supply.It was organised by German Government, African Network for Solar Energy and...

Business

Banks Will Accept Old Notes Sfter Deadline – Emefiele Tells Reps

January 31, 2023

Nigerians with old notes can still deposit them at commercial banks even after the February 10 deadline, this is according to the Central Bank Governor, Godwin Emefiele. Emefiele stated this on Tuesday while appearing before the House of Representatives...

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Categories

  • Business (68)
  • Career (32)
  • Editorial (1)
  • Entertainment (22)
  • Fashion (1)
  • Health (31)
  • Infographics (2)
  • International (17)
  • Lifestyle (25)
  • News (477)
  • Opinion (20)
  • Politics (90)
  • Security (114)
  • Sports (45)
  • Technology (18)
  • Travel (12)
  • Uncategorized (28)
  • Wazobia (1)

Popular

  • ADEBOWALE YEMI AND HIS HATCHET MAN’S JOB ON BICHI

    243 shares
    Share 97 Tweet 61
  • Anambra State Governor ‘Moves Against IPOB’, Declares Curfew in 7 LGAs

    185 shares
    Share 74 Tweet 46
  • Nigeria’s contract with Peseiro, new Super Eagles coach

    185 shares
    Share 74 Tweet 46
  • Socioeconomic Devt – Expert harps on activism hinged on discipline

    186 shares
    Share 74 Tweet 47
  • WILL AYU RESIGN AFTER THE EMERGENCE OF ATIKU ABUBAKAR AS THE PDP FLAG BEARER

    185 shares
    Share 74 Tweet 46
4
2
1
6

  • 9jayarn
  • Privacy Policy
  • Contact Us
  • About Us

© Copyright 2022 9jayarn

No Result
View All Result
  • Home
  • News
  • Politics
  • Security
  • Opinion
  • Sports
  • Technology
  • About Us
  • Contact Us