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Electoral Act: Court Rules Against Buhari, AGF Malami, Senate President, Others

Electoral Act: Court Rules Against Buhari, AGF Malami, Senate President, Others

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Justice Inyang Eden Ekwo of the Federal High Court in Abuja has ordered President Muhammadu Buhari, Attorney General of the Federation, the Senate President and other to stop any plans of tampering with the newly amended Electoral Act 2022.

Naija News reports that Justice Ekwo gave the ruling in response to an ex-parte application by the Peoples Democratic Party (PDP).

The PDP had dragged Buhari, AGF Abubakar Malami, Senate President Ahmed Lawan, Speaker, House of Representatives, Femi Gbajabiamila, Clerk of the National Assembly, Senate Leader, House of Representatives Leader and the Independent National Electoral Commission, INEC.

Also joined as defendants in the suit marked FHC/ABJ/CS/247/2022 are Deputy Senate President, Deputy Speaker, House of Representatives, Deputy Senate Leader and Deputy House of Representatives Leader.

The main opposition party had asked Federal High 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 PDP 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.

Ruling, the judge agreed that the Electoral Act has become a valid law and cannot be tampered with without due process.

He stated that the proper place to challenge the validity of any existing law is a court of competent jurisdiction.

Ekwo 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 judge also fixed March 21 for further hearing in the matter.

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