S84(12) of Electoral Act stands, Supreme Court rules, dismisses Buhari’s suit

By Advocatenewsng.com.

SUPREME Court of Nigeria on Friday June 24, 2022 looked the bull in the eye and asked it to stop forum shopping and face the facts about the enactment of Electoral Act, 2022 already signed into law by President Muhammadu Buhari.

The apex court while striking out the suit filed by Buhari and the Attorney General of the Federation, Abubakar Malami, SAN, against the National Assembly which challenged the legality of section 84 (12) of the Electoral Act 2022 already signed into law by the President said Buhari should not approbate and reprobate at the same time.

The Supreme Court held that Buhari, having assented to the Electoral Bill on February 25, 2022, has no power to turn around to challenge the legality of the Electoral Act.

In a judgment prepared and delivered by Justice Emmanuel Agim, the apex court declared the action of Buhari in instituting the case as a gross abuse of court process.

The court said the President by the suit sought to approbate and reprobate at the same time and that such must not be allowed.

Besides, the court held that Buhari has no power under any law to dictate to the National Assembly on law-making.

The unanimous verdict held that Buhari, having participated in the making of the Electoral Act by his assent, lacked Constitutional powers to come up to challenge same.


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Credit: Punch.