President Muhammadu Buhari and others have been barred from tampering with the newly signed Electoral Act 2022 by a Federal High Court in Abuja.
In an ex parte application filed by the Peoples Democratic Party (PDP), Justice Inyang Ekwo agreed that the Electoral Act has become a valid legislation that cannot be changed without following due procedure.
After hearing from the PDP’s lawyer, James Onoja (SAN), Justice Ekwo imposed an interim injunction barring President Buhari and the other defendants from amending Section 84(12) of the Electoral Act 2022.
The Attorney General of the Federation (AGF) and Minister of Justice, as well as the Senate President, Speaker of the House of Representatives, Clerk of the National Assembly, and the Independent National Electoral Commission (INEC) are among those who have been restrained (INEC).
Deputy Senate President, Deputy Speaker, House of Representatives, and important officers of the National Assembly are among those detained in the FHC/ABJ/CS/247/2022 suit.
According to Section 228 of the Nigerian Constitution, which governs the National Assembly’s powers over political parties, the president does not have the authority to declare any portion of the Electoral Act 2022 unlawful.
“That the 1st defendant/respondent (Buhari), having assented to the electoral bill forwarded to him on the 25th of February 2022, cannot give any directive to the National Assembly, led by the 3rd to 7th defendants/respondents (Senate President and others) and the 9th to 12th defendant/respondents (Deputy Senate President and other deputies), to take immediate steps to remove a section of the said Electoral Act 2022 on any ground or grounds
The hearing has been rescheduled for March 21.
While signing the electoral bill, the president requested that Section 84 (12 be repealed, claiming that it violates the constitutional rights of political appointees.
Following their decision to run for elective positions, at least four ministers and a number of personalities in charge of Ministries, Departments, and Agencies (MDAs) may be affected by the section.