{"id":2760,"date":"2022-07-01T08:58:07","date_gmt":"2022-07-01T08:58:07","guid":{"rendered":"https:\/\/placng.org\/Legist\/?p=2760"},"modified":"2022-07-01T09:46:09","modified_gmt":"2022-07-01T09:46:09","slug":"supreme-court-judgment-declines-jurisdiction-on-electoral-act-amendment","status":"publish","type":"post","link":"https:\/\/placng.org\/Legist\/supreme-court-judgment-declines-jurisdiction-on-electoral-act-amendment\/","title":{"rendered":"Supreme Court Judgment Declines Jurisdiction on Electoral Act Amendment"},"content":{"rendered":"\n<p>The Nigerian Supreme Court, on 24<sup>th<\/sup> &nbsp;June 2022, declined jurisdiction to rule on a matter regarding the setting aside of section 84(12) of the Electoral Act, which provides thus: <\/p>\n\n\n\n<p>\u201c<strong><em>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 nomination of candidates for any election<\/em><\/strong>.\u201d<\/p>\n\n\n\n<p>The provision makes\u00a0 political appointees ineligible to serve as political party delegates and prohibits them from being aspirants in party primaries.<\/p>\n\n\n\n<p>The suit was initiated by President Muhammadu Buhari\nand the Attorney General of the Federation and Minsiter of Justice, Abubakar\nMalami, seeking for the provision to be nullified for contravening the 1999\nNigerian Constitution, the African Charter on Human and Peoples\u2019 Rights and\nother provisions of the Electoral Act. It will be recalled that President\nBuhari had first forwarded a proposed amendment to section 82(12) of the\nElectoral Act, to the National Assembly specifically asking for the provision\nto be deleted. However, this amendment failed to pass at the National Assembly,\nwith the Federal Government proceeding to the court afterwards. <\/p>\n\n\n\n<p>&nbsp;A seven-judge\npanel of the Supreme Court unanimously struck out the suit, stating that the\ncourt lacked jurisdiction to hear the matter, which it described as an abuse of\njudicial process. The Supreme Court stated that the President did not have the\nright to invoke the original jurisdiction of the court as provided in section\n232 of the 1999 Nigerian Constitution. It further held that the President\nhaving assented to the Electoral Act, including the provision in question, could\nturn around and ask the court to strike it down. \n\nThe decision of the Supreme Court seems to have put\nan end to the tussle between the Executive and the National Assembly on this\nprovision of the 2022 Electoral Act.\n\n\n\n<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Nigerian Supreme Court, on 24th &nbsp;June 2022, declined jurisdiction to rule on a matter regarding the setting aside of section 84(12) of the Electoral Act, which provides thus: \u201cNo 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 [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":2092,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2760","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/posts\/2760","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/comments?post=2760"}],"version-history":[{"count":2,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/posts\/2760\/revisions"}],"predecessor-version":[{"id":2770,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/posts\/2760\/revisions\/2770"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/media\/2092"}],"wp:attachment":[{"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/media?parent=2760"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/categories?post=2760"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/tags?post=2760"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}