Nigerian President Muhammadu Buhari and Attorney-General of Federation (AGF) Abubakar Malami, have urged the Supreme Court to revoke section 84(12) of the Electoral Act of 2022. ayokinews.com reports
The appeal was made in a lawsuit filed on April 29, 2022, and marked SC/CV/504/2022, with the National Assembly as the sole respondent.
Section 84(12) of the Electoral (Amendment) Act, 2022, according to the plaintiffs, is in conflict with sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192, and 196 of the constitution, as well as Article 2 of the African Charter on Human and Peoples Rights.
Among the requests for relief were: “a declaration that the joint and or combined reading of Section 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution, 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”.
“A declaration that having regard to the clear provision of section 1(3) of the Constitution read together with section 4 of the same Constitution, the legislative powers vested in the defendant do not permit or empower it to make any other law prescribing additional qualifying/disqualifying grounds for election to the national assembly, house of assembly, gubernatorial and presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 constitution of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for the reason of inconsistency, unconstitutional and therefore null and void.
“An order nullifying the provision of Section 84 (12) of the Electoral Act, 2022 by application of the blue-pencil rule, for being unconstitutional, illegal, null and void and having been made in excess of the legislative powers of the defendant as enshrined in section 4 of the constitution (as amended).”