The Supreme Court has joined Rivers State in the suit by President Muhammadu Buhari and the Attorney-General of the Federation, Abubakar Malami in the suit seeking an interpretation of the controversial clause in the Electoral Amendment Act 2022.
The presiding justice, Justice Muhammad Dattijo, upheld the application for joinder by Rivers State as presented by the counsel, Emmanuel Ukala (SAN).
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Counsel to Buhari, Lateef Fagbemi (SAN) did not object to the application
The court fixed May 26 for hearing of the suit.
Buhari and Malami, in the suit against the National Assembly, are challenging the provision of Section 84(12) of the amended Electoral Act 2022 into law in February this year, according to a report by an online newspaper, Sahara Reporters.
According to Section 84 (12) of the legislation, “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.”
The suit was filed following the judgment of the Federal High Court in Umuahia, Abia State, that struck out Section 84(12) on the grounds that it was in conflict with sections 66(1)(f), 107(1)(f),137(1)(f) and 182(1)(f) of the Nigerian Constitution of 1999.
The Court of Appeal had on May 11 also set aside the High Court judgment while also reiterating that the Section 84(12) is unconstitutional.
