Supreme Court keeps Buhari in suspense, reserves judgement on 2022 Electoral Act without specifying date

The Supreme Court may have kept President Muhammadu Buhari and the Attorney General of the Federation in suspense when the court on Thursday reserved judgement in a suit filed seeking an interpretation of Section 84(12) of the Electoral Act, 2022.

The seven-man panel led by Justice Mohammed Dattijo, presiding on the suit filed at the instance of President Buhari, disclosed that the date of the judgement will be communicated to the parties involved in the suit.

The Judges had taken arguments from counsels to the parties and adopted their processes, before resolving on the judgment schedule.

The All Progressive Grand Alliance (APGA), and the Nigeria Bar Association (NBA), brought an application at the Thursday proceedings, seeking to be joined as interested parties.

APGA, however, withdrew its application for joinder, and the Supreme Court struck out the application.

The NBA insisted on being a party to the suit, arguing that Nigerians have no representation in the suit.

The defendants in the suit include the National Assembly, Speaker of the Rivers State House of Assembly, and the Attorney General of Rivers State; the NBA insisted on joining the suit to represent the interest of Nigerians.

Counsel to President Muhammadu Buhari, Lateef Fagbemi (SAN), had objected to the application of the NBA to be joined either as an interested party or as amicus curiae in the suit.

Fagbemi objecting to the NBA joining as amicus curiae in the matter, insisted that the NBA holds an opinion and is taking sides on the matter already.

Fagbemi later conceded to the application for NBA to be joined as amicus curiae, stressing its submissions on the matter will be strictly on giving an interpretation of the said Section 84 (12) and not join issues.

The Supreme Court, thereafter, joined the NBA as an Amicus curiae

An amicus curiae is an impartial adviser to a court of law in a particular case.

Counsel to the Speaker of the Rivers State House of Assembly and Attorney General of the State, Emmanuel Ukala, citing Supreme Court Additional Jurisdictions Act, argued that President Buhari lacks locus standi to institute such a suit as he is not directly affected by the Section 84 [12] of the Electoral Act.

He acknowledged that the political appointees affected by the Section of the Electoral Act should have been the ones to institute the suit for being shut out from exercising their rights.