An Abuja division of the federal high court has restrained President Muhammadu Buhari, Abubakar Malami, the Attorney General of the Federation and Mr. Ahmed Lawan, the senate president, from tampering with the 2022 Electoral Act recently signed into law.
In an ex-parte application brought before the court by the Peoples Democratic Party (PDP), the party sought an order of interim injunction restraining the defendants from refusing to implement the duly signed Electoral Act.
Justice Inyang Ekwo granted the order on Monday and restrained the defendants in the suit from altering the Electoral Act or preventing its implementation at the 2023 general elections.
What happened in court
PDP through its lawyer, James Ogwu Onoja SAN is challenging the directive given to the National Assembly by the president to remove section 84 (12) of the Electoral Act.
Section 84 (12) of the Electoral Act states that, “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.”
Onoja argued that a bill that the president has assented to cannot be tampered with as it has become law. Hence, the president has no grounds directing the National Assembly to expunge section 84 (12).
PDP submitted that the court is the only designated place to challenge the validity of any law. Hence, the electoral act cannot be tampered with without an order of the court.
In his ruling, Justice Ekwo held that the Electoral Act has become a valid law and cannot be tampered with without following due process.
He granted the request for the interim injunction and adjourned the matter for hearing on March 21.
What you should know
In the suit marked FHC/ABJ/CS/247/2022, the PDP sought an order of interim injunction restraining the defendants from refusing to implement the duly signed Electoral Act or in any manner withholding the Electoral Act from being put to use including the provisions of section 84 (12) of the said Act pending the determination of the suit.
They also sought an order of the court restraining the National Assembly from effecting President Buhari’s request to remove section 84 (12) from the Electoral Act.
The defendants in the suit include: the President, AGF, Senate President, Speaker of the House of Representatives, Clerk of National Assembly, Senate Leader, House of Representatives Leader, Independent National Electoral Commission (INEC), Deputy Senate President, Deputy Speaker, Deputy Senate Leader and Deputy House of Representatives Leader.
On February 25, President Buhari signed into law, the amended electoral bill.
However, he requested that section 84(12) be removed. According to the President, the practical application of section 84(12) of the Bill will subject serving political office holders to inhibitions and restrictions referred to under section 40 and 42 of the 1999 Constitution (as amended).
Sections 40 and 42 of the 1999 constitution talks about freedom of association and the right not to be discriminated against.
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