The Federal High Court sitting in Abuja, on Monday, stopped President Muhammadu Buhari, Attorney General of the Federation (AGF)/and Senate President from tampering with the newly amended Electoral Act 2022.
The trial Judge, JuaticeInyang Ekwo, in a ruling on an ex-parte application filed by the Peoples Democratic Party (PDP) agreed that the Electoral Act has become a valid law and cannot be tampered with without following due process of the law.
The Judge agreed with counsel to the PDP, Chief James Ogwu Onoja (SAN) that, the proper place to challenge the validity of any existing law is court of competent jurisdiction.
The court specifically restrained all the defendants in the suit from removing Section 84 (12) of the Electoral Act or preventing it from being implemented for the purpose of the 2023 general elections.
The PDP has dragged President Buhari before the court challenging fresh move to tamper with the newly amended Electoral Act signed into law some days ago by the. President.
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Sued along with the President are, the Attorney General of the Federation (AGF) and Minister of Justice, Senate President, Speaker, House of Representatives, Clerk of National Assembly, Senate Leader, House of Representatives Leader and Independent National Electoral Commission (INEC).
Also joined as defendants in the suit marked FHC/ABJ/CS/247/2022 are, the Deputy Senate President, Deputy Speaker, House of Representatives, Deputy Senate Leader and Deputy House of Representatives Leader.
The PDP, in the suit, prayed the court for an order of interim injunction restraining Buhari and other defendants from refusing to implement the duly signed Electoral Act or in any manner withholding the Electoral Act from being put to use including the provisions of Section 84 (12) of the said Act pending the resolution of the suit.
The party also applied for an order of the court stopping 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 grouse of the PDP is that President Buhari, having assented to the Bill on February 25, 2022, cannot give any directive to the National Assembly to take immediate steps to remove Section 84 (12) or any Section of the Act on any ground whatsoever.
Justice Ekwo granted the request` for interim injunction and adjourned further hearing in the matter till March 21, 2022.