…Says president can’t make U-turn having earlier assented to it

‘…It’s abuse of court processes’

…Reps thumb up apex court, say it’s victory for democracy

The Supreme Court Friday struck out a suit filed by President Muhammad Buhari and the Attorney General of the Federation, Abubakar Malami, voiding the provisions of Section 84 (12) of the Electoral Act 2022.

President Buhari and Malami had filed a suit on April 29 before the apex court through a group of private lawyers, including Lateef Fagbemi, SAN.

A seven-member bench of the Supreme Court, led by Musa Dattijo-Muhammad, unanimously struck out the suit, describing it as “an abuse of court process.”

Justice Aokmaye Agim, who delivered the lead judgement, held that the president, having earlier assented to Section 84 (12) of the Electoral Act 2022, “cannot turn around to approach the court to strike it down.”

“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,” Agim ruled.

He added that the request by President Buhari to the National Assembly to delete the provision amounted to Constitutional violation.

“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. “

Other members of the panel consented to the lead judgement; they are Dattijo-Muhammad, John Okoro, Amina Augie, Lawal Garba and Ibrahim Saulawa.

President Buhari and Malami had argued 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 of Federal Republic of Nigeria, 1999 (as amended), as well Article 2 of the African Charter on Human and People and Peoples Rights.

They were seeking an order of the court to strike out the Section of the Act which, they said, was inconsistent with the nation’s Constitution.

The Clause reads, “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

In March, both chambers of the National Assembly rejected the president’s request to amend the clause in the electoral act.

Subsequently, the Attorney General boasted that the federal government would consider all other options available before taking a position on the matter.

In the suit marked SC/CV/504/2022, Buhari and Malami were seeking an order of the court to strike out the Section of the Act.

The National Assembly, however, asked the Supreme Court to strike out the suit instituted by Buhari and Malami (SAN) over Section 84 (12) of the Electoral (Amendment) Act 2022.

President Buhari had, on February 25, signed the electoral bill into law with a caveat that the Section should be deleted in order to deepen democracy in the country.

But the National Assembly in March threw out the president’s request and insisted that serving political appointees must resign before contesting elections.

Malami, who also opposed the lawmakers’ decision, vowed that the federal government would explore other means, including the court, to ensure the provision that he said offended other sections of the Constitution, was expunged from the amended Act.

Reps’ reaction

Meanwhile, the House of Representatives has hailed the Supreme Court judgement.

The spokesperson of the House, Benjamin Kalu, gave the commendation while speaking with the News Agency of Nigeria (NAN) Friday in Abuja.

The court on June 24 said the president lacked the power to direct the National Assembly to amend or enact an Act, adding that it violated the principle of separation of powers.

Kalu said the lower house was happy with the Supreme Court judgement, adding that the House was not expecting anything less because the judges were erudite scholars.

“These are people who have followed the trend of event and understand the separation of power and the mandate of each arms of government. They understand that the separation of power is one of the tools of democracy and each arm focuses on the responsibilities of their mandate,” he said.

He said the mandate of the House was law-making with the intention of breaching a gap created in the Constitution of the Federal Republic of Nigeria that was not captured, adding that the House of Reps could only do this by looking at Section 84 (12) of the Electoral Amendment Act.

“Although, many of you thought that it was either self-serving or targeted at individuals, the law is made to advance our democracy, especially to increase the competitive elements in our democracy for credible election.”

He added that the competitive element was necessary to advance the country’s democracy.

“This judgement is unequivocally embracing and heart-warming; it is not a victory for the House of Representatives, but victory for the advancement of our democracy and the rule of law.

According to him, the judgement is a victory for the supremacy of law-making and the National Assembly.

“Let us celebrate this victory; the judiciary has added its own quota to the advancement of democracy. The Electoral Act, nation-building is a joint task.”

CHOGM 2022: Buhari congratulates Patricia Scotland on re-appointment, lists expectations  (2nd)

By Abdullahi M. Gulloma

Abuja

President Muhammadu Buhari has congratulated Baroness Patricia Scotland, on her reappointment as Secretary-General of the Commonwealth.

Leaders of the Commonwealth meeting in Kigali, Rwanda on Friday reappointed Scotland by consensus for a further two years to complete the balance of her period in office.

In a congratulatory message by his spokesman, Mr. Femi Adesina, on Friday in Abuja, the Nigerian leader commended the purposeful leadership of the Dominican-born barrister and diplomat in the last six years.

He lauded her for championing the values of the association in the areas of youth, women and childcare, trade, among others.

The president expressed delight that under her tenure the organisation is alive to its responsibilities in promoting shared commonwealth values and aspirations.

He said such aspirations aimed at supporting collective interventions in health, climate change, environment, sustainable energy, ocean protection and blue economies, small and vulnerable island states, good governance, rule of law and democracy.

Buhari also welcomed the various Declarations presented for consideration and adoption during CHOGM 2022 namely; the Declaration on Sustainable Urbanisation; the Commonwealth Living Lands Charter; and the Kigali Declaration on Childcare and Protection Reform.

He said the letter and spirit of those declarations were relevant to the common desire and aspirations to promote international peace and security, sustainable economic growth, development and the rule of law, good governance, democracy, respect for human rights and gender equality.

The president wished the secretary-general a very successful term in office, thanking her for being very supportive of Nigeria during her term in office.

”My firm belief is that the Commonwealth will survive and thrive for as long as the principles of justice and equity remain the cornerstone of our political, economic and social contract.”