Politics
Section 84(12): Buhari, Malami Drag NASS To S’Court
The last of the controversial Section 84(12) of the Electoral Amendment Act 2022 has not been heard as it emerged that President Muhammadu Buhari and the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, have filed a suit at the Supreme Court, seeking an interpretation of the contentious clause.
In the suit filed on April 29, Messrs Buhari and Malami, who are the plaintiffs, listed the National Assembly as the sole defendant.
Section 84(12) has been a subject of intense litigation and political debate in Nigeria since President Buhari signed the amended Electoral Act 2022 into law in February this year.
Shortly after signing it into law, President Buhari had urged the parliament to delete the controversial clause, but the National Assembly declined the President’s request.
The Court of Appeal in Abuja, last week, set aside the Federal High Court judgment that deleted the clause from the Act, while also agreeing with the lower court that the new provision is unconstitutional.
On the basis of the Appeal Court ruling, President Buhari had directed political appointees, who declared intentions to vie for elective positions, to resign.
The President’s directive forced the Minister of Labour and Employment, Dr Chris Ngige, to shelve his presidential aspiration, but Ministers of Niger Delta, Godswill Akpabio; Science and Technology, Ogbonnaya Onu and Minister of State for Education, Chukwuemeka Nwajiuba, resigned from office.
In the suit marked SC/CV/504/2022 and filed on April 29, Messrs Buhari and Malami are seeking an order of the apex court to strike out the section of the Electoral Act, which they argue was inconsistent with the nation’s Constitution.
According to the court document, the plaintiffs contend that the Section 84 (12) of the Electoral (Amendment) Act, 2022 is inconsistent with the provisions of Sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of Federal Republic of Nigeria, 1999, (as amended), as well Article 2 of the African Charter on Human and People and Peoples Rights.
The plaintiffs also contended that the Constitution already provides qualification and disqualification for the offices of the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Commissioners and Special Advisers.
They urged the Supreme Court to make: “A declaration that the joint and or combined reading of section 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the constitution of the Federal Republic of Nigeria, 1999, (as amended), the provision of Section 84 (12) of the Electoral Act, 2022, which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.”
In the same vein, the National Assembly has asked the Supreme Court to strike out the suit instituted by President Buhari. The National Assembly, in its counter-affidavit, filed by its lawyer, Kayode Ajulo, said the Supreme Court cannot be invoked to amend the provision of any law validity made by lawmakers in the exercise of their legislative powers as granted by the Constitution.
They argued that the 1999 Constitution as amended gave the National Assembly the power to make laws for good governance in Nigeria.
“We submit that the first plaintiff having on Friday, February 25, 2022, signed the Electoral Bill, 2022 into law in accordance with the Constitution, cannot approbate at the same time by making a U-turn by using the machinery of this Court as enshrined in Section 232 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Supreme Court (Additional Jurisdiction) Act of 2002 to partly undo that which by the provision of Section 58 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) has been done.
“By assenting to the passage of the Electoral Bill, 2022 into law, the first plaintiff has conclusively discharged his duty under the Constitution and there is no basis to attempting to undo that which he has done by virtue of his powers under Section 58 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“My Lords, we must commend the audacious attempt by the plaintiffs to build a castle in the air. However, we must be guided by our knowledge of the law of physics and the dynamics of our mortal world in calling the plaintiffs to order so as to prevent the impending waste of state resources by embarking on what should be ordinarily be found within the infantile imagination of a six-year-old who is still exploring the infant probabilities of overindulgence in Marvel comics.”
Claiming that elections in the country are typically characterized by vote buying, Mr Nwosu said a repeat of such phenomenon would taint the credibility of the forthcoming gubernatorial poll.
Mr Nwosu is among the 16 governorship candidates listed by INEC in a June 4, 2025 statement to participate in the November 8, 2025 election in Anambra State.
His party, the ADC, will battle it out with other parties to unseat incumbent Governor Chukwuma Soludo of the All Progressives Grand Alliance (APGA).
Mr Nwosu, in a statement on Saturday, said it was baffling seeing voters openly selling their votes to party agents and other representatives around polling units on election day.
According to him, “such practices not only derail the true will of the people but also reduce elections to an auction, where the state is effectively handed over to the highest bidder.”
Mr Nwosu urged INEC to introduce secure voting cubicles that would safeguard the legitimate rights of voters and uphold the sovereignty of democracy.
“INEC must provide secure voting cubicles to ensure ballots remain private and secret. Currently, many polling areas are too exposed, allowing others to see the voting process. This not only encourages vote buying but also undermines the integrity of the elections.
“Voting must remain secret. Nigeria already has strong electoral laws which, if properly enforced, can deliver outcomes that truly benefit society”, Mr Nwosu said.
He held that the Anambra governorship election was another opportunity for INEC to secure the trust of Nigerians about its commitment to transparency and fairness during polls.
He also noted the role of security agencies in tackling the menace of vote buying on the day of election.
He said, “The success of any political activity depends largely on security, because security is key. While it is not solely INEC’s duty to ensure elections are properly conducted, the Commission must create an enabling environment that allows citizens to participate freely, conduct themselves properly, and exercise their right to vote.”
The party, in a statement by its National Publicity Secretary, Obiora Ifoh, called on the relevant security agencies to investigate the attackers and their sponsors.
“The Labour Party is perplexed by the physical attack on our National Chairman, Barrister Julius Abure, by agents suspected to be working for anti-democratic elements who have tried unsuccessfully to wrestle the leadership of the party from him.
“Few hours ago, a prominent member of a known political family, Ms Precious Oruche, alias ‘Mama P’, accosted Barrister Abure while on a queue at the Nnamdi Azikiwe Airport Abuja, boarding a Max Air flight en route to Benin, and attacked the Labour Party’s National Chairman unprovoked.
“The attacker, Madam P, who is also a known content creator, continued the attack all through the duration of the flight, defying all attempts by the Max Air flight attendants to calm her.
“The assault, which attracted a large population of onlookers, continued unabated on disembarkment at the Benin Airport while she continued recording the scene.
“It took the intervention of the security agents on hand to whisk Abure to safety while the attacker was handed over to the police for questioning.
“In one of her films released, the lady, who is a prominent member of the ‘Obidient’ and claimed that she has contacts with the highest police hierarchy, boasted that nothing will happen to her.
“She vowed that she will not stop attacking Abure or any member of the Labour Party executive because, according to her, ‘you have killed Labour Party and you are the reason why Obi is no longer in the Labour Party.’
“The leadership of the Labour Party is completely troubled with this cyber-bullying and the consequences of the action of this political agent on the party. We are by this statement calling on the Inspector General of Police to thoroughly investigate this suicidal aggression against the leadership of the Labour Party and Barrister Julius Abure in particular.
“We sincerely believe that the lady-agent was on an assignment to accomplish the desires of her paymasters. Assault and cyber-bullying are severe crimes under our laws and we think that the Police must fish out her sponsors and cohorts, and bring them to book.
“We are calling on the members of the Labour Party to be calm, even in the face of this unwarranted provocation and wait for the outcome of the investigation on the unprovoked attack against the leadership of the party,” the statement read.
Speaking during the party’s congress in Yola, the state capital, on Saturday, Mr David Lorhenba, the chairman, Adamawa Congress Committee, described the exercise as hitch-free.
He said that a total of 2,656 delegates from 21 local government areas came out and elected 39 officials.
Mr Lorhenba commended the delegates for conducting themselves in an orderly manner.
“The conduct of the congress is very successful, all the delegates come from 21 Local Government Areas and cast their votes peacefully.
“We have a total of 2,656 delegates and we have announced the winners very successfully”, he said.
In his remarks, Alhaji Attahiru Shehu, the outgoing chairman, congratulated the new executives and charged them to continue on what they have already done for the party to remain strong.
According to him, they started as opposition in the state and produced Gov. Ahmadu Fintiri who is serving his second term, opining they “he has done well for the state.”
In his acceptance speech, Mr Madagali thanked the delegates for the confidence they reposed in him.
He promised to run an open door policy in manning the affairs of the party.
“Let us continue the legacy of good governance and prepare ahead for 2027 with focus, discipline and unity.
“To those outside our party, especially the youths and women of Adamawa, we invite you into our party.
“PDP is your home. Our doors are open to all who wish to contribute positively to the development of our state.
“Our party will continue to be a shining example of people-focused on leadership,” he said.
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