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Monday 16 May 2022

Supreme Court to hear suit by Buhari, Malami Thursday

 

The Supreme Court has scheduled a hearing for May 19 in the suit by President Muhammadu Buhari and the Attorney General of the Federation) AGF) and Minister of Justice, Abubakar Malami.

The scheduling is not only reflected in the court’s case list for the week but it was gathered that parties have since been served hearing notices.

The plaintiffs are contending among others, that the said section of the Electoral Act 2022 is in conflict with constitutional provisions.

Supreme Court, President Muhammadu Buhari, AGF Abubakar Malami, Section 84(12) of the Electoral Act 2022
Section 84(12) has been a subject of intense litigation and political debate in Nigeria since President Buhari signed the amended Electoral Act 2022 into law. Photo credit: Femi Adesina Source: Facebook

They noted that the Constitution has made provisions for qualifications and disqualifications for the offices of the President and Vice President, Governor and Deputy-Governor, Senate and House of Representatives, and House of Assembly, Ministers, Commissioners and Special Advisers.

Buhari and Malami added that the same Constitution has equally “the qualifying factors for election into the office of President, Vice President. Governor, Deputy Governor, Senate, House of Representatives, Houses of Assembly and Ministers.”

Meanwhile, the Court of Appeal sitting in Abuja, on Wednesday, vacated the judgment of the Federal High Court in Umuahia, Abia state, which voided the provision of section 84(12) of the Electoral Act, 2022.

The appellate court, in a unanimous decision by a three-man panel of Justices led by Justice Hamma Akawu Barka, held that the high court acted without jurisdiction.

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