The Supreme Court has struck out the suit filed by President Muhammadu Buhari and the Attorney General of the Federation, Abubakar Malami, seeking an interpretation of the controversial Section 84(12) of the Electoral Amendment Act 2022.
A seven-member panel of justices led by Justice Musa Dattijo Muhammad on Friday unanimously held that the suit was an abuse of the court process.
In the lead judgement read by Justice Akomaye Agi, the apex court held that Mr Buhari, having earlier assented to Section 84 (12) of the Electoral Act 2022, cannot turn around to seek its deletion.
“There is no provision in the constitution that vests the president the power to challenge the constitutionality or desirability of legislation after he has assented or denied his assent. In this case, the president gave his assent,” he said.
“The president has no power to request or compel the National Assembly to amend any part of the Act of the National Assembly in which he has participated in its making.”
Agim said, “This suit cannot be entertained by this court under section 1(1) (a) of the Additional Jurisdiction of the Supreme Court Act.”
The suit was filed following the judgment of the Federal High Court in Umuahia, Abia State, that struck out Section 84(12) because it conflicted with sections 66(1)(f), 107(1)(f),137(1)(f) and 182(1)(f) of the Nigerian Constitution of 1999.
