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Court Fixates May 24 for Hearing on Buhari's Suit Against Section 84 (11) and (12) of the Electoral Act 2022

Strategic Insights

— 2 min read

President Muhammadu Buhari, the Peoples Democratic Party (PDP), and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, are entangled in a court battle over the contentious section 84 (11) and (12) of the Electoral Act 2022. The section has been declared unconstitutional by the Court of Appeal, with the President and Malami seeking an interpretation of the clause in the Supreme Court. Meanwhile, the PDP has filed a suit at the Federal High Court, which has been fixed for May 24 for a definite hearing. The hearing will determine whether the court will abide by the Court of Appeal's decision or proceed with the case.

Key Takeaways:

  • The Federal High Court has fixed May 24 for a definite hearing in the suit instituted by the PDP against President Buhari on the controversial section 84 (11) and (12) of the Electoral Act 2022.
  • President Buhari and Malami have filed a suit at the Supreme Court seeking an interpretation of the contentious clause in the Electoral Amendment Act 2022, which they argue is inconsistent with the nation's constitution.
  • The PDP's suit is based on the same section of the law as the Supreme Court case, with the party arguing that the section orders all political appointees to resign from their positions 30 days to the conduct of the primary election.
  • The President and Malami are seeking a declaration that the joint and/or combined reading of the section 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192, and 196 of the Constitution is an additional qualifying and/or disqualifying factor.
  • The Supreme Court suit is seeking an order of the apex court to strike out the section of the Electoral Act, which the plaintiffs argue is unconstitutional and null and void.

Statistics:

  • The Court of Appeal has declared section 84 (12) of the Electoral Act as unconstitutional, null, and void.
  • The PDP's suit is marked SC/CV/504/2022 and was filed on April 29.
  • The Federal High Court has been asked to determine whether to abide by the Court of Appeal's decision or proceed with the case.
  • The section 84 (12) of the Electoral Act orders all political appointees to resign from their positions 30 days to the conduct of the primary election.
  • The section 84 (11) and (12) of the Electoral Act have been the subject of controversy, with the PDP arguing that they are inconsistent with the nation's constitution.

Sources:

  • The Guardian
  • Punch
  • Premium Times
  • This Day

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