Nigeria’s 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, (SAN).
The scheduling is not only reflected in the courts case list for the week but it was gathered that parties have since been served hearing notices.
The suit, filed on April 29, 2022, the National Assembly is listed as the sole defendant.
The plaintiffs are contending among others, that the said section of the Electoral Act 2022 is in conflict with constitutional provisions.
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.
The plaintiffs are praying the court for the following reliefs, amongst others: “A declaration that by the joint and or combined reading of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196, of the Constitution of the Federal Republic of Nigeria, 1999, (as amended), the provisions of section 84 (12) of the Electoral Act, 2022 which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.
*A declaration that having regard to the clear provision of section 1(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), read together with section 4 of the same Constitution, the legislative powers vested in the Defendant do not permit or empower # to make any other law prescribing additional qualifying /disqualifying grounds for election to the National Assembly, House of Assembly, Gubernatorial and Presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for reason of inconsistency, unconstitutional and therefore null and void.
“A declaration that by the introduction of the provisions of Section 84(12) into the Electoral Act, 2022, but in disregard of Section 84(3) of the same Act, the Defendant has acted ultra vires the legislative powers vested in it under the provision of section 4 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and/or in violation or breach of the provisions of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196, thereby rendering Section 84(12) of the Electoral Act, 2022 unconstitutional, null and void.
“An order nullifying the provisions of Section 84 (12) of the Electoral Act 2022, by application of the blue pencil rule, for being unconstitutional, illegal, null and void and having been made in excess of the legislative powers of the defendant as enshrined in Section 4 of the 1999 Constitution (as amended).
