The Supreme Court has fixed May 26, 2022 to hear the suit brought before it by the President, Major General Muhammadu Buhari (retd.), and the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) against the National Assembly on the Electoral Act 2022.
The Apex Court on Thursday fixed the date after joining the Speaker of the Rivers State House of Assembly and the State Attorney General as second and third defendants in the suit.
Justice Mohammed Datijjo adjourned the matter till next week Thursday following the concession by Buhari’s counsel, Lateef Fagbemi (SAN) that the Speaker, Rivers state House of Assembly and the Rivers State Attorney General be joined as parties in the suit.
The two parties joined in the matter had, in their application, said the subject matter in the originating summons relates to the validity and constitutionality of the provisions of Section 84(12) of the Electoral Act enacted by the National Assembly and applicable throughout the country, including Rivers State.
They said they are interested in the suit as the outcome will affect the, “Legal rights of the Rivers State House of Assembly and impinge upon its legislative powers to make laws in addition to, but not inconsistent with Section 84(12) of the Electoral Act enacted by the National Assembly and applicable in Rivers State and will affect the scope of its authority to make laws as conferred on it by Section 7 and Item E. 12 of the concurrent legislative list of the constitution of the Federal Republic of Nigeria 1999 (as amended.”
In the suit filed on April 29, 2022, marked: SC/CV/504/2022 by the President and the Chief Law Officer of the country, where-in they are contending that the said Section of the Electoral Act 2022 is in conflict with constitutional provisions, has the National Assembly as the sole defendant.
The plaintiffs noted that the Constitution has made provisions for qualifications and disqualifications for the offices of the President and Vice President, Governor and Deputy-Govemor, Senate and House of Representatives and House of Assembly, Ministers, Commissioners and Special Advisers.
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