The supreme court has struck out the suit challenging section 84(12) of Electoral Act.
Abubakar Malami, attorney-general of the federation, on behalf of the federal government, had filed a suit challenging that section of the Electoral Act, 2022 on the grounds that it violates the rights of political appointees.
The Apex Court held that Buhari, having assented to the Electoral Bill on February 25, 2022, has no 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.
The Apex Court said 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.
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