The Supreme Court on Thursday approved an application filed by Rivers State to be joined as a party in the suit initiated by President Muhammadu Buhari and the Attorney-General of the Federation, Abubakar Malami, seeking to void Section 84(12) of the Electoral Act, 2022.
A seven-man panel of justices led by Justice Musa Dattijo granted the request brought by the Speaker of the Rivers State House of Assembly and the state’s Attorney-General. The court subsequently adjourned hearing in the case to May 26.
Rivers State Opposes Buhari and Malami’s Suit
The applicants told the apex court that they are opposed to the suit, marked SC/CV/504/2022, which initially had the National Assembly as the sole respondent.
President Buhari and Malami had earlier argued that Section 84(12) of the Electoral (Amendment) Act is inconsistent with various provisions of the 1999 Constitution (as amended), including sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192, and 196, as well as Article 2 of the African Charter on Human and Peoples’ Rights.
The Presidency’s Argument
The suit seeks a declaration that Section 84(12) imposes additional qualifying or disqualifying criteria for electoral candidates beyond what is outlined in the constitution.
The plaintiffs argued that by virtue of sections 1(3) and 4 of the Constitution, the National Assembly lacks the power to create laws that add new conditions for election to the National Assembly, governorship, or presidential positions without amending the relevant constitutional provisions.
They are also asking the Supreme Court to nullify Section 84(12) using the “blue-pencil rule,” describing it as unconstitutional, illegal, and enacted beyond the powers of the legislature.
