Supreme Court joins Rivers in suit seeking to rejig Electoral Act
• Reps caucus urges presidential assent to avert political crisis
THesupreme Court, yesterday, granted Rivers State’s request to be joined as an interested party in a suit seeking to void the controversial Section 84 ( 12) of the Electoral Act 2022.
The seven- man panel, presided over by Justice Musa Dattijo Mohammed, agreed with counsel to the plaintiffs, Emmanuel Ukala ( SAN), before adjourning to May 26.
Consequently, the apex court joined Speaker of Rivers House of Assembly and the Attorney General as second and third defendants following concession by President Muhammadu Buhari’s lawyer, Prince Lateef Fagbemi ( SAN).
The claimants had, in their applicati on, argued that the subject matter in the originating summons applies nationwide. They said their interest in the suit was informed by the outcome that would affect them. The Rivers chief law officer observed that the state “is constitutionally bound to be governed democratically in accordance with the letters and spirit of the constitution.” In the lawsuit filed on April 29, 2022 and marked
SC/ CV/ 504/ 2022 by the President and Attorney General of the Federation, wherein they are maintaining that the contentious section is in conflict with constitutional provisions, originally had the National Assembly as sole defendant.
But the applicants pointed out that the constitution had spelt out qualifications for offices of the President, Vice President, governor, deputy, senator, members of House of Representatives and state Assemblies, ministers, commissioners and special advisers.
Contending, Buhari and Malami prayed the court to declare that, by the “joint and or combined reading of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of the Federal Republic of Nigeria, 1999 ( as amended), the provision of Section 84 ( 12) of the Electoral Act, 2022, which also ignores Section 84( 3) of the same Act, is an additional qualifying and/ or disqualifying factors for the National Assembly, House of Assembly, gubernatorial and presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.”