President Muhammadu Buhari, yesterday, told a Federal High Court in Abuja that he did not order the Senate to remove the contentious Section 84(12) from the amended Electoral Act 2022.
Section 84(12) reads: “No political appointee at any level 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 candidates for any election.”
Contrary to claims of the opposition Peoples Democratic Party (PDP) in a suit filed against him and 12 others, President Buhari said he only expressed reservations and concerns in respect of the aspect of the Electoral Act.
The President’s position was contained in a counter affidavit filed at the Federal High Court at the instance of the Attorney General of the Federation and Minister of Justice, Abubakar Malami.
In the joint counter affidavit by President Buhari and Malami to debunk PDP’s claims in the suit, the AGF explained that the President on February 25, 2022, gave proper, full and unconditional assent to the amended Electoral Act.
President Buhari and Malami averred that the claims of PDP in its suit against them on the Electoral Act are totally false and replete with gross untruths aimed at misleading the court to give judgment against them.
“The first defendant (President Buhari) assented to the Electoral Bill but did not give conditions or directives to the National Assembly in the manner erroneously deposed to by the plaintiff (PDP). At no time did the first defendant give any directive to the management or leadership of the National Assembly as regards the removal of section 84 (12) of the Electoral Act 2022 from the Act.
“On March 8, 2022, first defendant officially wrote the Senate President and House of Representatives Speaker to express his concerns about Section 84 (12) of the Electoral Act and formally requested for amendment to be effected on the section so as to eliminate area of infraction with the Constitution. I am aware that the National Assembly neither accepted nor acted on the opinion or suggestion of President Buhari.”
The Justice Minister said only the Court of Appeal can restore Section 84 (12) into the Electoral Act, 2022. The PDP had challenged the legality or otherwise of the National Assembly tinkering with the Electoral Act, after it had been signed into law by President Buhari.
Amid debate about the subject matter, Justice Evelyn Anyadike of the Federal High Court sitting in Umuahia on March 18, ordered the AGF to delete Section 84 (12) of the Act.
Anyadike, in the judgment, held that the section was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.”
Anyadike held that Sections 66(1)(f), 107(1)(f), 137(1)(f), and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election.
Reacting, the AGF said that both the National Assembly and PDP had since appealed the judgment. He said “it is only the Court of Appeal that can restore the section into the Electoral Act and not any high court.”
The AGF, therefore, prayed the court to dismiss the PDP suit. Justice Ekwo adjourned the matter until May 16 for hearing.
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