Only Appeal Court can restore section 84(12) in Electoral Act – Buhari

President Muhammadu Buhari responding to a suit filed by the Peoples Democratic Party (PDP) against him and 12 others on the Electoral Act at the Federal High Court sitting in Abuja, said that only the Court of Appeal can restore Section 84 (12) in the amended Electoral Act, 2022. The President emphasized that a Federal High Court in Abia State had in March nullified the section of the electoral act and ordered the AGF and Minister of Justice to delete it for being inconsistent with the Constitution.

The President further stated that the National Assembly and PDP have since appealed the judgment, insisting that it is only the Court of Appeal that can restore the section into the Electoral Act and not a High Court.

The President in a counter-affidavit filed at the Federal High Court, Abuja, through the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami SAN argued that the claims of PDP in the suit on the Electoral Act were totally false and filled with gross untruths aimed at misleading the court to give judgment against the President and others. The President explained that he did not order the Senate to remove the section but only expressed reservations and concerns on that aspect of the Electoral Act. refuted   that he directed the Senate of the Nigerian national Assembly to remove.

Malami further clarified that President Buhari on February 25, 2022, gave proper, full, and unconditional assent to the amended Electoral Act. He reiterated, however, that since a High Court in Abia State had nullified the controversial section, and the judgement had been appealed by the PDP and the Senate, only the appeal court can restore the section in the electoral act.

The President and the AGF, therefore, requested the court to dismiss the suit.