Sahara Reporters
The National Assembly has asked the Supreme Court of Nigeria to strike out the suit instituted by President Muhammadu Buhari and the Attorney-General of the Federation, Abubakar Malami (SAN) over Section 84 (12) of the Electoral (Amendment) Act, 2022.
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.
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 are seeking an order of the court to strike out the section of the Act, which they said was inconsistent with the nation’s constitution.
President Buhari had on February 25, 2022, signed the electoral bill into law with a caveat that the section should be deleted in order to deepen democracy in the country.
But the National Assembly in March threw out the President’s request and insisted that serving political appointees must resign before contesting elections.
Malami, who also opposed the lawmakers’ decision, vowed that the Nigerian government would explore other means, including the court to ensure the provision that he claimed offended other sections of the constitution, was expunged from the amended Act.
However, 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 Nigerian constitution.
They argued that the 1999 Constitution as amended gave the National Assembly the power to make laws for good governance in Nigeria.
The court document obtained by SaharaReporters read, “We submit that the 1st Plaintiff having on Friday, 25th February, 2022 signed the Electoral Bill, 2022 into law in accordance with the…
