A Federal High Court sitting in Abuja, has fixed the 24th of this month for definite hearing in a suit instituted against President Muhammadu Buhari by the Peoples Democratic Party, PDP, on the controversial section 84 (11) and (12) of the Electoral Act 2022.
Justice Inyang Ekwo fixed the date to enable President Buhari and the PDP address him on the effect of the Court of Appeal judgment in Abuja which declared the contentious section 84 (12) as unconstitutional, null and void.
The Judge raised the issue on the grounds that the PDP’S suit bothers on the same section of the law in which a higher court had made pronouncement that would bind on lower court.
Counsel to the PDP, Chief Joseph Daudu, in response made attempts to draw a distinction between the two matters and why the Judge should proceed to hear his client’s suit.
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However, a Senior Advocate of Nigeria, Mr. Oladipupo Okpeseyi, disagreed with the PDP Counsel and insisted that there was no difference between the Umuahia suit and that of PDP because the two are on the same section 84 (12) of the Electoral Act.
Following the disagreement, the Judge held that all parties in the matter shall address him on the adjourned date on whether to abide by the Court of Appeal decision or proceed with the one before him.
By the suit, the PDP among other things, is praying the court for an order to stop the National Assembly from giving effect to President Buhari’s request to remove section 84 (12) from the Electoral Act or take any step that will make the provision inoperative pending the resolution of the motion on notice for interlocutory injunction.
The section, 84 (12) of the Electoral Act orders all political appointees to resign from their positions 30 days to the conduct of the primary election that would produce candidates for elective offices in the 2023 general elections.
