- Waiting game for Buhari, NASS, Others
BY VICTOR BUORO – Contention over Section 84 (12) of the 2022 Electoral Act will subsist for now as the Supreme Court on Thursday reserved ruling in the suit between President Muhammadu Buhari, the Attorney General of the Federation (AGF) and Minister of Justice and the National Assembly, Rivers State Government and the Nigerian Bar Association (NBA)
As plaintiffs in the suit, President Buhari and the AGF and Minister of Justice are challenging the inclusion of Section 84 Sub-section 12 in the Electoral Act, 2022.
In his adumbration (outline), Counsel to the plaintiffs, Lateef Fagbemi (SAN) urged the Court to grant the prayers of the plaintiffs by declaring the section as unconstitutional.
However, the first defendant, which is the National Assembly, through its Counsel, Kayode Ajulo, and the Rivers State Government and Rivers State House of Assembly, through their Counsel, Emmanuel Ukala (SAN) raised preliminary objections to the suit being brought before the supreme court as the Court of first instance.
Both Counsels urged the Court to strike out the matter as an abuse of Court process.
The seven man panel of Justices, headed by Justice Mohammad Musa Dattijo also granted the NBA’s application requesting to be an amicus curiae in the matter, (AMICUS CURIAE is Latin for “friend of the court.” Plural is “amici curiae.” A person or group who is not a party to an action, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court’s decision.)
As an ‘AMICUS CURIAE’, the NBA will be assisting the Court in furnishing it with issues regarding the questions of law or fact.
While making his submission, the NBA Counsel, Charles Mekwunye (SAN) told the Court that the section in question is not in conflict with any section of the Nigerian Constitution.
Accordingly, Mekwunye urged the apex Court to uphold it as Section 84, Sub-section 12 of the Electoral Act, 2022 enacted to cure the mischief which the Constitution did not address.
The apex is expected to fix a date that will be communicated to all parties involved for its ruling on the case.
