Written by on June 24, 2022

The Supreme Court has dismissed the suit instituted by President Muhammadu Buhari against the National Assembly, challenging the legality of section 84 subsection 12 of the Electoral Act 2022.

The court held that President Buhari, having assented to the bill on February 25, 2022, cannot turn around to challenge the same act.

In a unanimous judgment delivered by Justice Emmanuel Agim, the apex court held that allowing the President’s suit will amount to approbating and reprobating at the same time and no court of law shall allow such. The court held that the suit is a gross abuse of the court process.

A seven-member panel of the apex court, headed by Justice Musa Dattijo Mohammed, was unanimous in holding that Buhari, having participated in the making of the law by assenting to it, could not turn around to fault its provisions.

The court, which upheld the objections raised by the National Assembly and other defendants against the suit, declined to determine it on merit but declared that the Supreme Court lacked the jurisdiction to hear it claiming it was an abuse of the court process.

Recall that the National Assembly was originally cited as sole Respondent in the matter, however, Rivers State, through the Speaker of its House of Assembly and its Attorney-General, subsequently applied and were joined as interested parties in the matter.


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