Supreme Court to Hear Lawsuit by Buhari, Abubakar Malami this Week

President Muhammadu Buhari, the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, have filed a lawsuit in the Supreme Court, which will be heard on May 19.

The scheduling is not only reflected in the court’s case list for the week, but parties have also been served with hearing notifications, according to The Nation.

The National Assembly is the single defendant in the lawsuit filed on April 29, 2022, with the case number SC/CV/504/2022.

The plaintiffs argue, among other things, that the relevant clause of the Electoral Act 2022 is in violation of the Constitution.

They pointed out that the Constitution establishes qualifications and disqualifications for the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, and other positions.

They pointed out that the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Commissioners, and Special Advisers all have qualifications and disqualifications outlined in the Constitution.

The same Constitution, according to Buhari and Malami, includes “qualifying factors for election into the office of President, Vice President.” “The Governor, the Deputy Gavemor, the Senate, the House of Representatives, the Houses of Assembly, and the Ministers.”

The plaintiffs are seeking the following relief from the court:

*A declaration that by the joint and or combined reading of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196, of the Constitution of the Federal Republic of Nigeria, 1999, (as amended), the provisions of section 84 (12) of the Electoral Act, 2022 which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.

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*A declaration that having regard to the clear provision of section 1(3) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, read together with section 4 of the same Constitution, the legislative powers vested in the Defendant do not permit or empower # to make any other law prescribing additional qualifying /disqualifying grounds for election to the National Assembly, House of Assembly, Gubernatorial and Presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for reason of inconsistency, unconstitutional and therefore null and void.

*A declaration that section 84 (12) of the Electoral Act, 2022 disqualifying a political appointee from being a voting delegate or be voted for at a convention or congress of any political party for the purpose of the nomination of candidates for any election is discriminatory, inconsistent with and in violent breach of the provision of each or all of Sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended), as well as Article 2 of the African Charter on Human and Peoples Rights and some is null and void by reason of its inconsistency.

*A declaration that by the introduction of the provisions of Section 84(12) into the Electoral Act, 2022, but in disregard of Section 84(3) of the some Act, the Defendant has acted ultra vires the legislative powers vested in it under the provision of section 4 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and/or in violation or breach of the provisions of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196, thereby rendering Section 84(12) of the Electoral Act, 2022 unconstitutional, null and void.

*An order nullifying the provisions of Section 84 (12) of the Electoral Act, 2022 by application of the blue pencil rule, for being unconstitutional, illegal, null and void and having been made in excess of the legislative powers of the defendant as enshrined in Section 4 of the 1999 Constitution (as amended).

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