Electoral Act Amendment: Supreme Court Joins Rivers In Suit

The Supreme Court admitted an application filed by Rivers State to be joined as a party in the suit by President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice to void section 84(12) of the Electoral Act, 2022.

Justice Musa Dattijo led the seven-member panel of the Justices of the apex court on Thursday that allowed the joinder.

The application was brought by Rivers State through the Speaker of its House of Assembly and its Attorney-General and adjourned hearing on the suit until May 26.

The applicants told the court that they were opposed to the suit marked SC/CV/504/2022, which originally had the National Assembly as the sole Respondent.

The News Agency of Nigeria reports that Buhari and Malami filed a suit at the Supreme Court, seeking an interpretation of Section 84(12) of the Electoral Amendment Act 2022.

They are seeking an order of the apex court to strike out the section of the Electoral Act, saying it is inconsistent with the nation’s Constitution.

According to the court document, the plaintiffs contend 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 of Federal Republic of Nigeria, 1999, (as amended), as well as Article 2 of the African Charter on Human and People and Peoples Rights.

They also contended that the 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.

They urged the court to make a declaration that the joint and combined reading of sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended); the provision of Section 84 (12) of the Electoral Act, 2022, which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.

In the same vein, the National Assembly has asked the Supreme Court to strike out the suit.

The National Assembly, in its counter-affidavit, filed by its lawyer, Kayode Ajulo, said the Supreme Court cannot be invoked to amend the provision of any law validity made by lawmakers in the exercise of their legislative powers as granted by the Constitution.

They argued that the 1999 Constitution, as amended gave the National Assembly the power to make laws for good governance.

NAN reports that on May 11, the Court of Appeal sitting in Abuja, vacated the judgement of the  Federal High Court in Umuahia, Abia, which voided the provisions of Section 84(12) of the Electoral Act, 2022.

The appellate court, in a unanimous decision led by Justice Hamma Akawu Barka, held that the high court, acted without jurisdiction.

It held that the Plaintiff, Nduka Edede, lacked the locus standi to institute the action.

According to the appellate court, Edede failed to establish any cause of action that warranted him to approach the court on the issue, noting that the plaintiff was unable to prove how he was directly affected by that section of the newly amended Electoral Act.

Consequently, it struck out the suit marked: FHC/UM/CS/26/2022, which Edede filed before the Umuahia court.

Nonetheless, the appellate court, while determining the appeal on the merit, held that the said provision of the electoral law was unconstitutional because it is in breach of Section 42 (1)(a) of the 1999 Constitution, as amended, stressing that the section denied a class of Nigerian citizens their right to participate in election.