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ELECTORAL (AMENDMENT) ACT: SUPREME COURT ADJOURNS MALAMI’S CASE TO THURSDAY

The Supreme Court of Nigeria has adjourned the hearing in the suit filed by President Muhammadu Buhari and the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami to Thursday, May 19, 2022.

Buhari and Malami had taken the National Assembly before the Supreme Court over Section 84 (12) of the Electoral (Amendment) Act, 2022.

The law bars political appointees like Malami from seeking elective public office or voting as delegates in a party primary unless they resign their positions.

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President Buhari and Malami had in the suit marked SC/CV/504/2022 and filed on April 29, 2022, removed the clause in the electoral act.

Both of them told the apex court that the Section 84 (12) of the Electoral (Amendment) Act, 2022 is inconsistent with the provisions of sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of Federal Republic of Nigeria, 1999, (as amended), as well Article 2 of the African Charter on Human and People and Peoples Rights.

They are, therefore seeking an order of the court to strike out the section of the Act, which they said was inconsistent with the nation’s constitution.

Buhari while signing the amended bill into law on February 25 had urged the parliament to expunge Clause 84(12) of the Act.

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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.”

In March, both chambers of the National Assembly rejected the President’s request to amend the clause in the electoral act.

Subsequently, the Attorney-General boasted that the Nigerian government would consider all other options available before taking a position on the matter.

In the suit marked SC/CV/504/2022 and filed on April 29, 2022, with the National Assembly as the sole Defendant, Buhari and Malami are seeking an order of the court to strike out the section of the Act, in which they said was inconsistent with the nation’s constitution.

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The duo told the apex court that the Section 84 (12) of the Electoral (Amendment) Act, 2022 is inconsistent with the provisions of sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of Federal Republic of Nigeria, 1999, (as amended), as well Article 2 of the African Charter on Human and People and Peoples Rights.

They added that the Nigerian constitution already provides qualification and disqualification for the offices of the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Commissioners and Special Advisers.

(as amended), as well Article 2 of the African Charter on Human and People and Peoples Rights and the same is null and void by reason of its inconsistency.

 

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