Justice Inyang Ekwo of the Federal High Court, Abuja, on Monday temporarily restrained the National Assembly from deleting or taking any further steps regarding Section 84 (12) of the newly Electoral Act, 2022.
Justice Ekwo made the order while delivering ruling in an exparte application brought by the People’s Democratic Party (PDP), challengingly the legality or otherwise of the National Assembly to amend a bill already signed into law by the president.
President Muhammadu Buhari had signed the Electoral Act in law recently with a caveat that section 84 (12) be deleted in order to deepen democracy in the country.
The section particularly bars appointed political office holders from voting or be voted for during conventions and congresses of political parties.
It is believed that the National Assembly will this week look into the demand of the president with the view of deleting the said section.
However after listening to counsel of the PDP, Chief Ogwu Onoja, SAN, who argued the exparte application, the court held that the application has merit and consequently granted it as prayed.
Justice Ekwo held that all the defendants are hereby restrained from taking any further steps regarding the request of President Buhari for the deletion of Section 84 (12) pending the hearing and determination of the substantive suit.
The judge further ordered the applicant to serve the order as well as the process on all the defendants and adjourned till March 21 for hearing of the substantive suit.
The PDP had dragged President Muhammad Buhari before a Federal High Court in Abuja, over alleged fresh move to tamper with the newly amended Electoral Act signed into law by President Buhari.
Those sued alongside Buhari are; the Attorney General of the Federation (AGF) and Minister of Justice, Senate President, Speaker, House of Representatives, Clerk of National Assembly, Senate Leader, House of Representatives Leader and Independent National Electoral Commission (INEC).
Others include; Deputy Senate President, Deputy Speaker, House of Representatives, Deputy Senate Leader and Deputy House of Representatives Leader.
The plaintiff in the exparte prayed the court for an order of interim injunction restraining the defendants from refusing to implement the duly signed Electoral Act or in any manner witholding the Electoral Act from being put to use including the provisions of section 84 (12) of the said Act pending the resolution of the suit.
The plaintiff similarly prayed for another order restraining the National Assembly from giving effect to President Buhari’s request to remove section 84 (12) from the Electoral Act or take any step that will make the provision inoperative pending the resolution of the motion on notice for interlocutory injunction.
Onoja argued that President Buhari having assented to the Bill on February 25, 2022, cannot give any directive to the National Assembly to take immediate steps to remove the section or any section of the Act on any ground whatsoever.
In the main suit marked: FHC/ABJ/ CS/247/2022, the plaintiff wants the court to declare that Buhari’s power as regarding law making us limited to assenting a bill of the National Assembly or withholding assent and does not extend to giving conditional assent.
The PDP further wants the court to hold that Section 84 (12) is Constitutional and liable to be enforced by INEC who is the eight defendant in the suit.
The further urged a declaration that Section 84 (12) is not inconsistent with or contradicts Sections 40 and 42 of the Constitution and does not offend Constitutional provisions on disqualification of a person from election to office.
The PDP accordingly asked the court for an order of mandatory injunction compelling INEC to put into immediate effect the Electoral Act including the said Section 84 ( 12).
They also prayed the court for an order of injunction restraining the defendants from treating section 84 (12) as unconstitutional or in any manner denying it its efficacy or altering it on the grounds that it is unconstitutional.
PDP also prayed for another order of injunction restraining the 3rd to 12 defendants from implenting the directive of Buhari to amend Section 84 (12) of the Electoral Act on the grounds that it is unconstitutional.
