Electoral Act 84 (12) unconstitutional, Buhari tells court

President Muhammadu Buhari and the Attorney-General of the Federation (AGF) Abubakar Malam (SAN) has insisted that Section 84(12) of the Electoral Act 2022 cannot stand.

They argued that the section contravenes constitutional provisions and should be voided.

Buhari also faulted a claim by the Peoples Democratic Party (PDP) that he directed the National Assembly to delete Section 84(12).

He said, being conscious of the democratic principle of separation of powers, he merely expressed reservations about the provision.

He and the AGF argued that the constitutionality or otherwise of the provision has been settled by the March 18, 2022 judgment of Justice Evelyn Ayandike of the Federal High Court, Umuahia.

“Prejudices and impedes the constitutional rights of most Nigerians to participate in the electoral processes or primaries of their political parties and freely choose their preferred leaders/ candidates who are aspirants/political appointees in public service and deny the aspirants/political appointees in public service the right to vote or be voted for in the electoral process of the parties,” they said.

They noted that the section could only be restored by a decision of the Court of Appeal.



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