May 19, (THEWILL) – The Supreme Court has granted the application by the Rivers Attorney General and Speaker, to be made defendants in the suit by President Muhammadu Buhari and the Attorney General of the Federation (AGF), seeking to void Section 84 (12) of the Electoral Act 2022.
A seven-member panel, led by Justice Musa Dattijo Mohammed, granted the application, which was not opposed by the plaintiffs’ lawyer, Lateef Fagbemi (SAN) and lawyer to the National Assembly (earlier listed as the sole defendant), Kayode Ajulo.
The court ordered parties to file and exchange all necessary processes on or before next Wednesday and adjourned till Thursday for a hearing.
Lawyer to the new defendants, Emmanuel Ukala (SAN), said his clients believed they needed to be made a party in the case because they would be affected one way or the other by the outcome.
Section 84 (12) has been a subject of intense litigation and political debate in Nigeria since Buhari signed the amended Electoral Act 2022 into law.
Shortly after signing it into law, Buhari had urged the National Assembly to delete the controversial clause in the Electoral Act.
The lawmakers, however, declined the president’s request.
According to Section 84 (12) of the legislation, “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.”
Buhari and Malami had filed the suit on April 29, before the apex court through a group of private lawyers, including Fagbemi (SAN).
The National Assembly was listed as the sole defendant in the suit.
The plaintiffs are contending among others, that the said section of the Electoral Act 2022, is in conflict with constitutional provisions.
They are contending that 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, as well Article 2 of the African Charter on Human and Peoples Rights.
Meanwhile, the court has fixed May 26 to hear the suit.
