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Supreme Court strikes out Buhari, Malami’s suit against Section 84(12) of Electoral Act

The Supreme Court, on Friday, struck out the suit voiding  the provisions of Section 84 (12) of the Electoral Act 2022.

The suit was filed by President Muhammadu Buhari and the Atorney-General of the Federation, Abubakar Malami.

Buhari and Malami filed the suit on April 29 before the Supreme Court through a group of private lawyers, including Lateef Fagbemi (SAN), hired by the Office of the Attorney-General of the Federation.

The National Assembly was listed as the sole defendant in the suit.

The plaintiffs contended among others, that the said section of the Electoral Act 2022 was in conflict with constitutional provisions.

They contended that section 84(12) of the Electoral (Amendment) Act, 2022 was inconsistent with the provisions of sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the constitution as well Article 2 of the African Charter on Human and Peoples Rights.

However, the apex court, in a unanimous decision by a seven-man panel of the Justices led by Justice Muhammad Dattijo, on Friday, held that it lacked the jurisdiction to entertain the suit, saying it amounted to an abuse of the judicial process.

The court held that Buhari was not a proper person to approach it with such suit, owing to the nature of reliefs that were sought.

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