The Supreme Court on Thursday struck out the suit filed by the Federal Government challenging Section 84(12) of the Electoral Act 2022.
Applesbite had reported that President Muhammadu Buhari and the Attorney General of the Federation (AGF), Abubakar Malami, had on April 29 filed a suit before the apex court challenging the constitutionality of Section 84(12) of the Electoral Act.
In a judgment on Friday, the apex court ruled that President Buhari could not seek to fault its provisions of the electoral act after participating in the law-making by assenting to it.
The apex court described the suit as an abuse of the court process, adding that the request by Buhari to the National Assembly to delete the provision amounted to a constitutional violation.
A seven-member panel of the Supreme Court gave the unanimous judgment.
The judgement reads: “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.
“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.
“This suit cannot be entertained by this court under section 1(1) (a) of the Additional Jurisdiction of the Supreme Court Act.”
Following the development, below are the names of the Supreme Court judges who struck out the suit filed by President Buhari and Malami.
Justice Musa Dattijo-Muhammad (Head of the panel)
Justice Aokmaye Agim
Justice John Okoro
Justice Amina Augie
Justice Mohammed Garba
Justice Abdu Aboki
Justice Ibrahim Saulawa.