Section 84 (12) Of Electoral Unconstitutional – President Buhari, Malami

Section 84 (12) Of Electoral Unconstitutional - President Buhari, Malami

Buhari, Malami has said that section 84 (12) of Electoral is unconstitutional, The Nation report.

President Muhammadu Buhari and the Attorney General of the Federation (AGF), Abubakar Malami have argued the controversial Section 84(12) of the Electoral Act 2022 contravenes constitutional provisions and ought to be voided.

Buhari faulted claim by the Peoples Democratic Party (PDP) that he directed the National Assembly to delete Section 84(12) after assenting to the amended Electoral Act.

The President said being conscious of the democratic principle of separation of powers between the arms of government, he merely expressed his reservation about the provision of Section 84(12) of the EA 2022.

They argued that the constitutionality or otherwise of the controversial provision of the EA 2022 has since been settled in the March 18, 2022 judgment by Justice Evelyn Ayandike of the Federal High Court, Umuahia.

The President and the AGF noted that Section 84(12) of the Electoral Act, 2022 could only be restored by a decision of the Court of Appeal.

They argued that Section 84(12) of the EA 2022 “prejudices and impedes the constitutional rights of most Nigerians to participate in the electoral processes or primaries of their political parties and freely choose their preferred leaders/ candidates who are aspirants/political appointees in public service and deny the aspirants/political appointees in public service the right to vote or be voted for in the electoral process of the parties.”

Buhari and Malami stated their views in a joint counter-affidavit they filed in the suit marked: FHC/ABJ/CS/247/2022 instituted by the PDP, with which it seeks to restrain the National Assembly from deleting Section 84(12) from the amended EA as allegedly directed by the President.

In notice of preliminary objection filed along with the joint counter affidavit, by their team of lawyers including Oladipo Okpeseyi (SAN) and Professor Yemi Akinseye-George (SAN), Buhari and Malami faulted the competence of the suit and urged the court to decline jurisdiction to hear it.

Listed with President Buhari and the AGF as defendants in the suit are the President of the Senate, the Speaker of the Hose of Representatives, the Clerk of the National Assembly, the Senate Leader, the House Leader of the House of Reps and the Independent National Electoral Commission (INEC).

Others are the Deputy Senate President, the Deputy Speaker of the House of Reps, the Deputy Senate Leader, the Deputy House Leader of the House of Reps and the Allied Peoples’ Movement (APM).

In their counter affidavit, Buhari and Malami stated that “the first defendant (Buhari) assented to the Electoral Bill 2022 on February 25, 2022, but did not give condition or directives to the National Assembly in the manner erroneously deposed to by the plaintiff or in any other manner that is inconsistent with the autonomy and independence of the National Assembly.

“At no time did the 1st defendant give any directive to the management or leadership of the 3rd to 7th defendants and the 9th to 12 defendants as regards removal of Section 84(12) of the Electoral Act, 2022 from the Act.”

The 3rd to 7th defendants are the Senate President, House of Reps Speaker, the Clerk of the National Assembly, the Senate Leader and the House Leader of the House of Reps.

In notice of preliminary objection filed along with the joint counter affidavit, by their team of lawyers including Oladipo Okpeseyi (SAN) and Professor Yemi Akinseye-George (SAN), Buhari and Malami faulted the competence of the suit and urged the court to decline jurisdiction to hear it.

Listed with President Buhari and the AGF as defendants in the suit are the President of the Senate, the Speaker of the Hose of Representatives, the Clerk of the National Assembly, the Senate Leader, the House Leader of the House of Reps and the Independent National Electoral Commission (INEC).

Others are the Deputy Senate President, the Deputy Speaker of the House of Reps, the Deputy Senate Leader, the Deputy House Leader of the House of Reps and the Allied Peoples’ Movement (APM).

In their counter affidavit, Buhari and Malami stated that “the first defendant (Buhari) assented to the Electoral Bill 2022 on February 25, 2022, but did not give condition or directives to the National Assembly in the manner erroneously deposed to by the plaintiff or in any other manner that is inconsistent with the autonomy and independence of the National Assembly.

“At no time did the 1st defendant give any directive to the management or leadership of the 3rd to 7th defendants and the 9th to 12 defendants as regards removal of Section 84(12) of the Electoral Act, 2022 from the Act.”

The 3rd to 7th defendants are the Senate President, House of Reps Speaker, the Clerk of the National Assembly, the Senate Leader and the House Leader of the House of Reps.

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Eyo Nse is a creative writer, blogger and a software engineer.He is a simple individual who loves to see others succeed in life.Mr Wisdytech as he is popularly known - started blogging in the early 2000's.