The Federal High Court in Abuja, on Monday, barred President Muhammad Buhari, the Attorney-General of the Federation (AGF) and the Senate President from tampering with the newly amended Electoral Act 2022.
The judge, Inyang Ekwo, in a ruling on an ex-parte application by the opposition Peoples Democratic Party (PDP), said the Electoral Act having become a valid law could not be altered without following the due process of law.
Mr Ekwo agreed with the PDP’s lawyer, Ogwu Onoja, a Senior Advocate of Nigeria (SAN), that the proper place to challenge validity of any existing law is court of competent jurisdiction.
Specifically, the court restrained President Buhari, the AGF and the National Assembly and other defendants in the suit from removing section 84 (12) of the Electoral Act or prevent it from being implemented for the purpose of the 2023 general elections.
PREMIUM TIMES had reported that Mr Buhari while signing the amended bill into law in February, urged the parliament to expunge Clause 84(12) of the Act.
The clause reads: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”
The PDP had sued the federal government over fresh moves to tamper with the newly amended Electoral Act.
Mr Buhari is sued along with the Attorney-General of the Federation (AGF) and Minister of Justice, Senate President, Speaker, House of Representatives, Clerk of the National Assembly, Senate Leader, House of Representatives Leader and the Independent National Electoral Commission (INEC).
Also joined as defendants in the suit marked FHC/ABJ/CS/247/2022 are Deputy Senate President, Deputy Speaker, House of Representatives, Deputy Senate Leader and Deputy House of Representatives Leader.
Prayers
The main opposition party prayed the court for an order of interim injunction restraining Mr Buhari and other defendants from refusing to implement the duly signed Electoral Act or in any manner withholding the Electoral Act from being put to use including the provisions of section 84 (12) of the said Act pending the resolution of the suit.
It also applied for an order of the court stopping the National Assembly from giving effect to President Buhari’s request to remove section 84 (12) from the Electoral Act or take any step that will make the provision inoperative pending the resolution of the motion on notice for interlocutory injunction.
The grouse of the PDP is that President Buhari having assented to the bill on February 25, 2022, cannot give any directive to the National Assembly to take immediate steps to remove the section 84 (12) or any section of the Act on any ground whatsoever.
The judge granted the interim injunction request and adjourned further hearing in the matter till March 21.
Backstory
PREMIUM TIMES reported how President Muhammadu Buhari signed the reworked Electoral Amendment bill into law.
The president signed the bill at the Presidential Villa on February 25 – in the presence of the Senate President, Ahmad Lawan, the Speaker of the House of Representatives, Femi Gbajabiamila, and other officers.
The signing came a few days after a presidential media aide, Femi Adesina, assured that Mr Buhari would assent to the bill.
Before he signed it, the president sought an amendment to the bill by asking the National Assembly to delete Clause 84(12) of the bill.
He had said the clause constituted a disenfranchisement of serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election.
He added that the clause introduced qualification and disqualification criteria that were ultra vires the Constitution by importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.
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