The federal government’s lawsuit against section 84(12) of the Electoral Act was dismissed by the Supreme Court on Friday because it lacked competence and validity.
Section 84 (12) of the Act says, “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.”
President Muhammadu Buhari and Attorney-General of the Federation Abubakar Malami’s lawsuit was dismissed by the supreme court after it was labeled an abuse of the legal system in a unanimous judgment.
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The plaintiffs cannot now turn around and ask the court to invalidate section 84 (12) of the Electoral Act 2022, according to Justice Musa Mohammed-Dittjo, who presided over a seven-member Supreme Court panel.
“There is no provision in the constitution that vests the president the power to challenge the constitutionality or desirability of a legislation after he has assented or denied his assent. In this case, the president gave his assent,” the apex court held .
