Electoral Act: Supreme Court Judgement on Section 84(12) Victory for Democracy, Says House

Udora Orizu in Abuja 

The House of Representatives has hailed the Supreme Court for striking out the suit filed by President Muhammadu Buhari and the Attorney-General of the Federation, Abubakar Malami, seeking to void the provision of section 84(12) of the Electoral Act, 2022.

Section 84 (12) of the Act states that, “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

President Buhari and Malami had on April 29, dragged the National Assembly to the Supreme Court over the section,  arguing that it is in conflict with provisions of the constitution.

In a counter-affidavit filed by the parliament, the lawmakers argued that the constitution empowers them to make laws, and therefore, urged the Apex Court to strike out the suit instituted by President Buhari and AGF.

The Supreme Court, in its ruling on Friday holds that the request by President Buhari to the National Assembly to delete Section 84(12) of Electoral Act amounts to an abuse of judicial process.

Speaking to THISDAY, the House Spokesman, Hon. Benjamin Kalu described the Supreme Court judgement as unequivocally lucid, victory for the advancement of democracy and the nation’s rule of law. 

According to him, the Supreme Court has reaffirmed the legislative supremacy of the National Assembly, and have also done that in the spirit of doctrine of separation of powers, understanding that the efficiency of government will be driven by this democratic principle where every arm stays within the parameters of their mandate and to become the best in their assignment.

The House Spokesman said, “We make a law that you believe at the time of making that law was the legislative intention channeled towards blocking an existing gap in the electoral space. Following the agenda of the House to carry out a thorough Electoral reform. You’re confident that such laws made without bias made for the people of Nigeria will stand the test of time, and will stand every test to check its credibility, viability, constitutionality and otherwise.

“We have not lost sleep from the time this matter went to supreme court for interpretation, because we knew that what we put together was in consultation with the public that gave us their mandate. And what we came out with was a reflection of the consultation we had with the Nigerian people. It is all about advancing our democracy. Just like the mantra of the House has always been, “Nation Building a Joint Task” the supreme court has restored the confidence of Nigerians in participatory democracy with the integrity of this judgement, delivered without fear or favor, but with Nigeria and Nigerians at the center of it all.

He stated further, “The Supreme Court has reaffirmed the legislative supremacy of the National Assembly, and have also done that in the spirit of doctrine of separation of powers, understanding that the efficiency of government will be driven by this democratic principle where every arm stays within the parameters of their mandate and to become the best in their assignment. In conclusion, the Supreme Court has laid their own brick in the efforts towards electoral reform by this judgement. They have added their own bricks to Nation building through the electoral reform and electoral act 2022. So we are glad, and I’m sure Nigerians ought to be glad.”