Supreme Court Strikes Out Buhari, Malami’s Suit On Electoral Act

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The Supreme Court has struck out the suit by President Muhammadu Buhari and the Attorney General of the Federation (AGF), Abubakar Malami seeking to void the provision of Section 84(12) of the Electoral Act 2022.

In a judgment on Friday, a seven-member panel of the apex court, headed by Justice Musa Dattijo Mohammed, was unanimous in holding that Buhari, having participated in the making of the law by assenting to it, could not turn around to fault its provisions.

The plaintiffs contended among others, that the said section of the Electoral Act 2022 was in conflict with constitutional provisions.

They 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.

However, the apex court, in a unanimous decision by a seven-man panel of the Justices led by Justice Muhammad Dattijo, on Friday, held that it lacked the jurisdiction to entertain the suit, saying it amounted to an abuse of the judicial process.

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

More details later…

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