Legal Nigeria

Section 84(12): Supreme Court reaffirms legislative supremacy — Reps’ Spokesman

House of Representatives, Friday, said that the Supreme Court of Nigeria has reaffirmed the legislative supremacy of the National Assembly.

The House spoke through its spokesman on the heel of the Apex court judgement on the provision of section 84(12) of the Electoral Act, 2022.

The court had earlier on Friday struck out suit filed by President Muhammadu Buhari and the Attorney-General of the Federation, Abubakar Malami, seeking to void the provision of above mentioned section.

Specifically, 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.”

Buhari and Malami had on April 29, 2022 approached the court the section, saying it was against the spirit and letters of some provisions of the constitution.

But a seven-man panel of the Justices led by Justice Muhammad Dattijo ruled that entertaining the suit was tantamount to abuse of judicial process, adding it lacked the jurisdiction as the president was not the rightful person to have filed the suit.

Reacting to the ruling last night, the House through its Spokesman, Hon. Benjamin Kalu said that the supreme Court by its ruling had reaffirmed the position of the national assembly in filling a lacuna in the law.

He 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 carryout 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 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.

“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.”

Credit : THE VANGUARD.