Section 84(12) Of Electoral Act: Supreme Court Joins More Parties In Buhari, Malami’s Suit

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The Supreme Court has joined more parties in the suit brought before it by President Muhammad Buhari and the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) against the National Assembly, seeking to void Section 84(12) of the Electoral Act 2022.

The Speaker of the Rivers State House of Assembly and the State Attorney General were joined as second and third defendants.

The seven-member panel of Justices of the apex court, presided by Justice Mohammed Musa Datijjo adjourned till Thursday, May 26, 2022, for hearing of the suit, following the concession by Buhari’s counsel, Prince Lateef Fagbemi (SAN) that, the Speaker, Rivers State House of Assembly and the Rivers State Attorney General be joined as parties in the suit.

The two parties joined in the matter said, in their application that the subject matter in the originating summons relates to the validity and constitutionality of the provisions of Section 84(12) of the Electoral Act enacted by the National Assembly and applicable throughout the country, including Rivers state.

They said they are interested in the suit as the outcome will affect the “Legal rights of the Rivers State House of Assembly and impinge upon its legislative powers to make laws in addition to, but not inconsistent with Section 84(12) of the Electoral Act enacted by the National Assembly and applicable in Rivers State and will affect the scope of its authority to make laws as conferred on it by Section 7 and Item E. 12 of the concurrent legislative list of the constitution of the Federal Republic of Nigeria 1999 (as amended”.

The AG of Rivers, who is the Chief Law Officer of the state, said he should be joined in the suit as the state is constitutionally bound to be governed democratically in accordance with the letters and spirit of the constitution.

In the suit filed on April 29, 2022, marked: SC/CV/504/2022 by the President and the Chief Law Officer of the country,  where-in they are contending that the said Section of the Electoral Act 2022 is in conflict with constitutional provisions, has the National Assembly as the sole defendant.

The plaintiffs noted that the Constitution has 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.

Buhari and Malami added that the same Constitution has equally, “The qualifying factors for election into the office of President, Vice President. Governor, Deputy Governor, Senate, House of Representatives, Houses of Assembly and Ministers.”

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