The Federal High Court, Abuja on Monday, stopped President Muhammadu Buhari, Attorney General of the Federation (AGF) and Senate President from tampering with the newly amended Electoral Act 2022.
Justice Inyang Ekwo in a ruling on an ex parte application by the Peoples Democratic Party (PDP) agreed that the Electoral Act had become a valid law and could not be tampered with without following due process.
Justice Inyang held that the proper place to challenge validity of any existing law was in a court of competent jurisdiction.
The PDP, through counsel, James Onoja (SAN), sued the President along with the others challenging what it described as a bid to tinker with the newly amended Electoral Act.
NAN reports that The AGF as well as the Senate President, Speaker, House of Representatives, Clerk of National Assembly, Senate Leader, House of Representatives Leader and Independent National Electoral Commission (INEC) were named as defendants in the suit.
Also joined as defendants in the suit marked FHC/ABJ/CS/247/2022 were Deputy Senate President, Deputy Speaker, Deputy Senate Leader and Deputy Leader, House of Representatives.
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Buhari writes Senate, seeks amendment of Section 84 (12) in Electoral Act
The party prayed the court for an order of interim injunction restraining the president and other defendants from refusing to implement the duly signed Electoral Act.
PDP also applied for an order of the court stopping the National Assembly from giving effect to the President’s request to remove Section 84 (12) from the Electoral Act or take any step that would make the provision inoperative pending the resolution of the motion on notice for interlocutory injunction.
The President had earlier in the month, written to the Senate seeking an amendment of section 84 (2) subsection 12 in the 2021 Electoral Act.
In the letter, the President wants the National Assembly to amend section 84 (2) Sub-section 12 which states that no political appointee 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 any candidate for an election.
Buhari argued that the amendment is necessary, stressing that the clause constitutes a fundamental defect and leads to the disenfranchisement of political office holders.
President Buhari February 25 signed the Electoral Act Amendment Bill into law. During the signing, he faulted Section 84 (12) of the Electoral Act, 2022.
The President said he believes the provision, as contained in the newly signed Act, constitutes a fundamental defect as it conflicts with extant constitutional provisions.
In his view, the section disenfranchises serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election.
President Buhari stressed that the provision introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restrictions to serving political officeholders.
Hearing of the matter has been fixed for March 21.
