After numerous legal proceedings and deliberations, the Supreme Court of Nigeria has finally dismissed the suit brought against the National Assembly by President Muhammadu Buhari which was challenging the legality of the controversial section 84 (12) of the Electoral Act 2022.
The Supreme Court had held that President Buhari, having assented to the Electoral Bill on February 25, 2022, has no particular legal or executive power to turn around to challenge the legality of the Electoral Act.
In a judgment prepared and just delivered by Justice Emmanuel Akomaye Agim, the action of Buhari in instituting the case was declared as a gross abuse of court proceedings.
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The Supreme Court had also reiterated that the President by the suit sought to approbate and reprobate at the same time and that such must not be allowed.
Besides, the court held that Buhari had no power under any law to dictate to the National Assembly on law making.
The unanimous verdict held that Buhari having participated in the making of the Electoral Act by his assent, lacked Constitutional Powers to come up to challenge same.
It had been previously reported that a bill to override President Muhammadu Buhari over his delay in signing the amendment to the Electoral Act 2022, was on Tuesday laid to rest at the House of Representatives.
Africa Today News, New York reports that the bill was stepped down during plenary yesterday after the Deputy Speaker faulted it, stating that any move to override requires 2/3rd of members.
He urged the sponsor of the motion – Ben Igbakpa to step it down as it violates procedure for overriding the President.
It’s been over 30 days since the Minority Caucus in the House of Representatives had asked President Muhammadu Buhari to sign the one-item amendment to the Electoral Act 2022.
But the President has yet to sign it or communicate a decision to the National Assembly about the bill.
Displeased by the inaction, some reps members relied on section 58 (5) which gives the National Assembly the power to override the President if he withholds assent.