PDP Seeks Injunction to Stop National Assembly from Altering Electoral Act 2022

Strategic Insights -

The Peoples Democratic Party (PDP) has taken legal action to prevent any amendments to the Electoral Act 2022, pending the resolution of a motion for interlocutory injunction. The party joined President Muhammadu Buhari and other defendants in the suit, including the Attorney-General of the Federation, Senate President, and the Independent National Electoral Commission (INEC). The PDP argued that President Buhari's request to expunge Section 84 (12) from the Electoral Act cannot be honored, as he had already assented to the bill on February 25, 2022. The party further claimed that President Buhari's directive to the National Assembly to amend the section is unconstitutional.

Key Takeaways:

  • The PDP has filed a lawsuit against President Muhammadu Buhari, the National Assembly, and other defendants to stop any amendments to the Electoral Act 2022.
  • The party argues that President Buhari's request to expunge Section 84 (12) is unconstitutional, as he had already assented to the bill on February 25, 2022.
  • The PDP claims that President Buhari's directive to the National Assembly to amend the section will disenfranchise political appointees and violate their constitutional rights.
  • The lawsuit seeks an order of interim injunction restraining President Buhari and other defendants from refusing to implement the Electoral Act 2022, including Section 84 (12).
  • The PDP also seeks an order stopping the National Assembly from giving effect to President Buhari's request to expunge Section 84 (12) or take any step that will make the provision inoperative pending the resolution of the motion on notice for interlocutory injunction.

Statistics:

  • 11 defendants were joined in the suit, including President Muhammadu Buhari, the attorney-general of the federation, and the Independent National Electoral Commission (INEC).
  • The lawsuit was filed on behalf of the PDP by Chief James Ogwu Onoja, SAN.
  • The Electoral Act 2022 was signed into law on February 25, 2022.

Sources:

  • THEWILL, "PDP Approaches Court to Stop National Assembly from Altering Electoral Act" (March 7, no date provided)