By Yemi Oyeyemi, Abuja.
Justice Inyang Eden Ekwo of the Federal High Court in Abuja on Monday stopped President Muhammad Buhari, Attorney General of the Federation (AGF) and Senate President from tampering with the newly amended Electoral Act 2022.
The Judge in a ruling on an ex-parte application by the Peoples Democratic Party PDP agreed that the Electoral Act has become a valid Law and cannot be tampered with without following due process of law.
The Judge agreed with Chief James Ogwu Onoja SAN, counsel to PDP, that the proper place to challenge validity of any existing law is a court of competent jurisdiction.
Specifically, the court restrained all the defendants in the suit from removing Section 84 (12) of the Electoral Act or prevent It from being implemented for the purpose of the 2023 general elections.
Section 84(12) of the Act provides as follows: “No political appointee at any level shall be 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.”
According to the President in a letter to the National Assembly last week seeking the amendment of the section, “This provision has introduced qualification and disqualification criteria that is ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.
“The practical application of Section 84(12) of the Electoral Act, (Amendment) 2022, is to subject serving political office holders to inhibitions and restrictions referred to under Sections 40 and 42 of the 1999 Constitution (as amended).
“It is imperative to note, that the only constitutional expectation placed on serving political office holders that qualify, by extension as public officers within the context of the Constitution is resignation, withdrawal, or retirement at least 30 days before the date of the election, as provided in Section 66(1)(f) of the 1999 Constitution (as amended), among others.
“Hence, it will be stretching matters beyond the constitutional limit to import extraneous restrictions into the Constitution on account of practical application of Section 84(12) of the SmAct where political parties’ conventions and congresses were to hold earlier than 30 days to the election.
“Arising from the foregoing, I request the National Assembly to consider immediate amendments that will bring the Act in conformity with the Constitution by way of deleting Section 84(12) accordingly.”
The PDP dragged President Muhammad Buhari before the court challenging the fresh move to tamper with the newly amended Electoral Act signed into law some days ago by him.
Buhari is sued along with the Attorney General of the Federation AGF and Minister of Justice, Senate President, Speaker, House of Representatives, Clerk of National Assembly, Senate Leader, House of Representatives Leader and Independent National Electoral Commission INEC.
Also joined as defendants in the suit marked FHC/ABJ/CS/247/2022 are Deputy Senate President, Deputy Speaker, House of Representatives, Deputy Senate Leader and Deputy House of Representatives Leader.
The main opposition party, in the suit filed on its behalf by Chief James Ogwu Onoja SAN, prayed the Federal High Court for an order of interim injunction restraining Buhari and other defendants from refusing to implement the duly signed Electoral Act or in any manner witholding the Electoral Act from being put to use including the provisions of section 84 (12) of the said Act pending the resolution of the suit.
PDP also applied for an order of the court stopping the National Assembly from giving effect to President Buhari’s request to remove section 84 (12) from the Electoral Act or take any step that will make the provision inoperative pending the resolution of the motion on notice for interlocutory injunction.
The grouse of the PDP is that; President Buhari having assented to the Bill on February 25, 2022, cannot give any directive to the National Assembly to take immediate steps to remove the Section 84 (12) or any section of the Act on any ground whatsoever.
Justice Ekwo granted the interim injunction request and adjourned further hearing in the matter till March 21.
