Court stops Buhari, others from tampering with new Electoral Act

A Federal High Court in Abuja has stopped President Muhammadu Buhari and others from tampering with the newly signed Electoral Act 2022. 

Justice Inyang Ekwo on Monday ruled in an ex parte application by the Peoples Democratic Party (PDP) and agreed that the Electoral Act has become a valid law and cannot be tampered with without following due process of law.

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Justice Ekwo, after listening to the lawyer to the PDP, James Onoja (SAN), issued an interim injunction restraining President Buhari and the other defendants from moving to further change Section 84(12) of the Electoral Act 2022.

Others restrained are the Attorney General of the Federation (AGF) and Minister of Justice, Senate President, Speaker of the House of Representatives, Clerk of the National Assembly and the Independent National Electoral Commission (INEC).

Others restrained in the suit marked FHC/ABJ/CS/247/2022 are Deputy Senate President, Deputy Speaker, House of Representatives and principal officers of the National Assembly.

PDP is contending that the president does not have the powers to declare any part of the Electoral Act 2022 as unconstitutional based on Section 228 of the Nigerian Constitution on the National Assembly’s powers over political parties.

“That the 1st defendant/respondent (Buhari) having assented to the electoral bill forwarded to him on the 25th of February 2022, cannot give any directive to the National Assembly under the leadership of the 3rd to 7th defendants/respondents (Senate President and others) and the 9th to 12th defendant/respondent (Deputy Senate President and other deputies) to take immediate steps to remove a section of the said Electoral Act 2022 on any ground or grounds whatsoever,” the lawyer submitted.

The matter has been adjourned to March 21 for hearing.

Daily Trust reports that the president while assenting to the electoral bill had requested the parliament to expunge Section 84 (12), saying it violates the constitutional rights of political appointees.

At least four ministers and a number of personalities heading Ministries, Departments and Agencies (MDAs) may be affected by the section following their moves to contest for elective positions.