The Supreme Court docket has given a ruling on a swimsuit looking for to void the supply of Part 84(12) of the Electoral Act 2022.
The apex courtroom struck out the swimsuit by President Muhammadu Buhari and the Legal professional Common of the Federation (AGF), Abubakar Malami asking it to void the part of the electoral act.
In a judgment on Friday, a seven-member panel of the apex courtroom, headed by Justice Musa Dattijo Mohammed, was unanimous in holding that Buhari, having participated within the making of the regulation by assenting to it, couldn’t flip round to fault its provisions.
The courtroom, which upheld the objections raised by the Nationwide Meeting and different defendants towards the swimsuit, declined to find out it on the benefit however declared that the Supreme Court docket lacked the jurisdiction to listen to it and that the swimsuit was an abuse of courtroom course of.
Justice Emmanuel Agim, within the lead judgment, held that it was an assault on the democratic precept of Separation of Powers for the President to hunt to direct/request the Legislature to make a selected regulation or alter any regulation.
“The President lacks the ability to direct the Nationwide Meeting to amend or enact an act..it violates the precept of separation of powers.
“There is no part of the Constitution that makes the exercise of legislative powers subject to the directive of the President,” the courtroom stated.
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