The House of Representatives has said that the judgement of the Supreme Court striking out President Muhammadu Buhari’s suit challenging Section 84 (12) of the Electoral Act 2022 is a welcome development.
Speaking to newsmen in Abuja, Spokesman of the House,Mr Benjamin Kalu said the House was happy with the development as it is a clear pointer and victory for the principle of separation of power, of democracy and the rule of law.
He said the judgement is without doubt heartwarming and worthy of celebration adding ” It isn’t a victory for the House of Representatives but a victory for the advancement of our democracy and the rule of law”
The court had said that the President lacked the power to instruct the National Assembly to enact or amend an act pointing out that it was a violation of the principle of separation of power.
It said that there is no part of the constitution that makes the exercise of legislative power subject to the directive of the president.
The Supreme Court on Friday struck out a suit filed by President Buhari and the Attorney General of the Federation, Abubakar Malami challenging Section ( 84 12) of the Electoral Act,2022.
A seven member panel of justices led by Musa Dattijo – Muhammed, unanimously struck out the suit describing it as an abuse of court process.
Justice Aokmaye Agim who delivered the lead judgement,held that” There is no provision in the constitution that vests the president the power to challenge the constitutionality of desirability of a legislation after he has assented or denied its assent,In this case the president gave his assent” the judge said.
He added” 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 saying ” This cannot be entertained by this court under section 1(1)(a) of the Additional Jurisdiction of the Supreme Court Act.”
Buhari signed the Electoral Act 2022 into law on February 25,2022 but later wrote to the National Assembly requesting its amendment claiming it was unconstitutional and an infringement of human rights
The NASS vehemently rejected the president ‘s request.
Later an Abia Court presided by Justice Evelyn Anyadike nullified section 84 (12) in favour of the president ‘s suit which was voided by a three- man panel of the Court of Appeal headed by Justice Hamma Barka on May 11,2022.
The Appeal Court held that the Umuahia Court lacked jurisdiction to have entertained the suit.
Section 84 ( 12) prohivits appointees of government to vote and be voted for ..
