SUPREME COURT STRIKES OUT CASE ON ELECTORAL ACT FILED BY BUHARI, MALAMI
….refuses to determine case on merit

The Supreme Court on Friday struck out a suit filed by President MUHAMMADU BUHARI and the Attorney General of the Federation (AGF), ABUBAKAR MALAMI.

The suit sort to void the provision of Section 84(12) of the Electoral Act 2022.

In a judgment by a seven-member panel of the Supreme Court, headed by Justice MUSA DATTIJO MOHAMMED unanimously held that President BUHARI having participated in the making of the law by assenting to it, could not turn around to fault its provisions.

The court upheld the objections raised by the National Assembly and other defendants against the suit.

The apex court declined to determine it on the merit but declared that the Supreme Court lacked the jurisdiction to hear it and that the suit was an abuse of court process.

Justice EMMANUEL AGIM, in the lead judgment, held that it was an attack on the democratic principle of Separation of Powers for the President to seek to direct/request the Legislature to make a particular law or alter any law.

“The President lacks the power to direct the National Assembly to amend or enact an act”, arguing that, such violates the principle of separation of powers.

The court further held that: “There is no part of the Constitution that makes the exercise of legislative powers subject to the directive of the President”.