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Supreme Court strikes out suit challenging section of electoral act

The Supreme Court has struck out a suit by President Muhammadu Buhari and the Attorney General of the Federation challenging Section 84(12) of the Electoral Act.

In a unanimous judgement delivered by Justice Emmanuel Agim on Friday, the apex court said allowing the suit would amount to approbating and reprobating at the same time.

Justice Agim, who delivered the lead judgement, held that President Buhari, having earlier assented to section 84 (12) of the Electoral Act, 2022, could not turn around to approach the court to strike it down.

He said the request by the President to the National Assembly to delete the provision already assented to amounted to a constitutional violation.

The President and his Minister of Justice, Abubakar Malami, had filed a suit at the Supreme Court, seeking an interpretation of the controversial clause in the Electoral Amendment Act, 2022.

The President had signed the Electoral Act, 2022, into law on February 25, 2022.

Section 84 (12) of the legislation provides that “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”.

However, in Friday’s ruling, the Supreme Court held that President Buhari, having assented to the bill on February 25, 2022, “cannot turn around to challenge same act”, and the suit was consequently struck out.

Writing by Adeniyi Bakare; Editing by Tony Okerafor