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ELECTORAL ACT 84(12): SUPREME COURT STRIKES OUT BUHARI, MALAMI’S SUIT

The Supreme Court on Friday dismissed a suit brought before it by President Muhammadu Buhari and the Attorney General of the Federation, Abubakar Malami. challenging Section 84(12) of the Electoral Act.

The suit marked SC/CV/504/2022 and filed on April 29, 2022, was expunged by a seven-judge bench of the Supreme Court, led by Musa Dattijo-Muhammad, who unanimously struck out the suit, describing it as an abuse of court process.

The Apex 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 Electoral Act.

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In a judgment prepared and just delivered by Justice Emmanuel Akomaye Agim, the action of Buhari in instituting the case was declared as a gross abuse of court.

The Apex Court said that the President by the suit sought to approbate and reprobate at the same time and that such must not be allowed.

Besides, the court held that Buhari had no power under any law to dictate to the National Assembly on law-making.

The unanimous verdict held that Buhari having participated in the making of the Electoral Act by his assent, lacked Constitutional Powers to come up to challenge same.

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