Section 84(12) Of Electoral Act: Malami Did Not Give Buhari Proper Legal Advice – Senate
The Nigerian Senate has accused the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), of misleading President Muhammadu Buhari to challenge the provision of Section 84 (12) of the Electoral Act 2022.
Ezenwoko’s Blog report that the Senate was reacting to the Supreme Court judgement on Thursday which struck out the suit seeking to void Section 84 (12) of the Electoral Act 2022.
In a judgment on Friday, the apex court ruled that President Buhari could not seek to fault its provisions of the electoral act after participating in the law-making by assenting to it.
The apex court described the suit as an abuse of the court process, adding that the request by Buhari to the National Assembly to delete the provision amounted to a constitutional violation.
A seven-member panel of the Supreme Court, headed by Justice Musa Dattijo Mohammed, gave the unanimous judgment on Friday.
In a chat with The Punch on Friday, Senate Spokesman, Senator Ajibola Bashir, said the ruling has shown that the President was wrongly advised by Malami.
Bashir stated that Buhari’s insistence that the Act should be amended showed that the minister of justice did not inform the President of its consequences.
He added that the ruling had vindicated their position that the President lacks the powers to direct the legislature to amend the Act after it had been passed into law.
He said, “The judgment has been given by the court. The outcome shows that our position at the National Assembly is correct. It also shows that the President is not getting the proper legal advice from the Attorney General.”
Recall that the Spokesperson of the House, Hon. Benjamin Kalu had hailed the judgment and described it as heart-warming.
Kalu asserted that the ruling was not a victory for the House of Reps but a victory for the advancement of the country’s democracy and the rule of law.
He disclosed that members of the Green Chamber were not expecting anything less because the judges were erudite scholars.