In a judgment on Friday, a seven-member panel of the apex court, headed by Justice Musa Dattijo Mohammed, was unanimous in holding that President Buhari, having participated in the making of the law by assenting to it, could not turn around to fault its provisions.
The court upheld all the grounds of objection raised by the National Assembly, through its lawyer, Dr. Olukayode Ajulo, against the competence of the suit marked: SC/504/2022.The President and the AGF had through their Lawyer, Lateef Fagbemi SAN argued among others, that Section 84(12) of the Electoral Act was made in excess of the constitutional powers of the National Assembly and therefore, unconstitutional and illegal.Read more: Daily Post Nigeria »
Until we stop attributing Religion to politics we will never grow .
Electoral Act: Supreme Court Dismisses Buhari, AGF's Suit Over Section 84(12)The Supreme Court has dismissed a suit by President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami , SAN,
Electoral Act: Buhari loses as Supreme Court strikes out suit against National AssemblyThe Supreme Court , on Friday, struck out a suit filed against the National Assembly by the President, Major General Muhammadu Buhari (retd.), challenging the legality of the controversial section 84 (12) of the Electoral Act 2022. 😅 This man must know that his relevance as we stand is only attributed to Aso rock. No honour, integrity & credibility whatsoever. Many Nigerians prayed and also persuaded sleepy buhari to sign that electoral bill in Feb. Now he’s awake and NA to overturn the bill. A progressive and defensive development towards devidend Democracy in Nigeria.
Hijab: Lagos gets 30-day ultimatum to issue circular on Supreme Court verdictThe Lagos State Government has been given a 30-day ultimatum by the Muslim Students Society of Nigeria to issue a circular on the recently delivered judgement by the Supreme Court approving the use of hijab in Lagos schools. If them like issue circular reach heaven, we no dey fight over religion in SW. This religion kite for election patronage won't work....we go use the PVC wella against these Grandpas. The North clearly has Islamic schools except federal universities but the south went to represent one Nigeria so they will suffer for it. Islamic State of Nigeria
Hijab: Muslim students ask Lagos to issue circular on Supreme Court rulingMuslim students under the aegis of the Muslim Students Society of Nigeria (MSSN), Lagos Area Unit have appealed to the State Government to urgently issue a circular on last Friday’s verdict of the Supreme Court approving the use of hijab in public schools. khaleedusman3 Masha Allah.✍️🙏
Senate wades into CJN, Supreme Court Justices’ feudSenate has waded into a disagreement between the Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad, and justices of the Supreme Court . Hmmmmmmmm
Demystification of Supreme Court is Nigeria’s shameWhen I read the letter recently written by 14 justices of Nigeria’s Supreme Court , my mind raced to contemplate how the President, Major General Muhammadu Buhari (retd.), might feel about it. I imagine him beaming with pride and thanking his stars for the final confirmation of his belief that the Nigerian judiciary is corrupt and has hampered his anti-corruption war. 🤣🤣🤣🤣cant shame the shameless...make una nor hype una fake country again
void the provision of Section 84(12) of the Electoral Act 2022.seeking to void the provision of Section 84(12) of the Electoral Act, 2022.Electoral Act: PDP complies with amended section to elect delegates Besides, the court held that Buhari has no power under any law to dictate to the National Assembly on law-making.The students, who gave the ultimatum during a press conference on Wednesday, urged the government to caution its officials against harassing Muslim females wearing the hijab The Amir (president) MSSNLagos, Miftahudeen Thanni, explained that issuing the circular would curb “overzealous” teachers and principals from contempt of court.
In a judgment on Friday, a seven-member panel of the apex court, headed by Justice Musa Dattijo Mohammed, was unanimous in holding that President Buhari, having participated in the making of the law by assenting to it, could not turn around to fault its provisions. The court upheld all the grounds of objection raised by the National Assembly, through its lawyer, Dr. The court, which upheld the objections raised by the National Assembly and other defendants in the suit, declined to determine it on merit but declared that the Supreme Court lacked the jurisdiction to hear it and that the suit was an abuse of court process. Olukayode Ajulo, against the competence of the suit marked: SC/504/2022. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express written permission from PUNCH. The President and the AGF had through their Lawyer, Lateef Fagbemi SAN argued among others, that Section 84(12) of the Electoral Act was made in excess of the constitutional powers of the National Assembly and therefore, unconstitutional and illegal. “The President lacks the power to direct the National Assembly to amend or enact an act. The Supreme Court, however, agreed with Ajulo that the suit is not one of such cases in respect of which the court’s original and additional jurisdictions could be invoked under Section 23(2)(1) of the Constitution and Section 1(1)(a) of the Supreme Court (Additional Jurisdiction) Act 2002. The majority decision affirmed the earlier Court of Appeal’s decision which restored the use of hijab by female Muslim students in Lagos State.
The court faulted the plaintiffs’ argument that the suit was informed by the National Assembly’s failure to give effect to President Buhari’s request that Section 84(12) of the Electoral Act be deleted for allegedly offending the provisions of the Constitution.it violates the principle of separation of powers. The apex court held that the President lacked the constitutional or legal rights or power to request or compel the National Assembly to amend or make an Act. In the lead judgment, Justice Emmanuel Agim noted that the suit touched on the essence of the powers given to the President by Section 58(4) of the 1999 Constitution, which he exercised by participating in the making of the E. RELATED. A. 2022. “Instead of obeying the circular, some school principals, vice-principals and teachers feign ignorance of the approval of Hijab in Lagos State, and desperately began to deal with our members.
Justice Agim held that since the President aided the creation of the Act, with the support of the AGF, both plaintiffs could not turn around to query its legality. He added: “The Constitution did not provide for the involvement of the court by the President after exercising his powers under Section 58(4) of the Constitution one way or the other. “I agree with the argument by the counsel to the National Assembly (Ajulo) that this suit is reprobation of what the first plaintiff (the President) had approbated, and this cannot be allowed in law. “Having assented to the Electoral Bill 2022 and thereby accepted that it has become law, he cannot, therefore, bring a suit, contending that the actions resulting from his assent is not constitutional, desirable and justifiable, thereby detracting from his assent. “As it is, one of the cumulative requirements in Section 1(1)(a) of the Supreme Court (Additional Jurisdiction) Act 2002 for the invocation of the additional jurisdiction of this court to entertain an originating suit between the President and the National Assembly does not exist. Both are her rights.
“The plaintiffs have no legally enforceable legal right or power that gives life to questions raised for determination in the originating summons, and that can be protected or enforced by the reliefs claimed for. “The dispute, in this case, does not involve any question or include the existence or extent of any legal right to the plaintiffs. Therefore, this suit cannot be entertained by this court in the exercise of its additional jurisdiction under Section 1(1)(a) of the Supreme Court (Additional Jurisdiction) Act 2002 “Even the original jurisdiction vested in this court by Section 23(2)(1) of the 1999 Constitution to determine disputes between the federation and the state or between states cannot be invoked unless the dispute involves any question on which the existence of a legal right depends. “There is no part of the Constitution that makes the exercise of the legislative power of the National Assembly subject to the direction and control of the President of Nigeria. “The first plaintiff’s (the President) written request to the National Assembly to amend the Electoral Act 2022 by deleting Section 84(12) therein, is a violation of Section 4(1) of the 1999 Constitution.
“This suit, which was filed in response to the refusal of the National Assembly to grant the said request is an employment of the judicial process to help realise the said violation. “The court cannot be engaged in this kind of unconstitutional and illegal enterprise. The suit is, therefore, an abuse of the judicial process,” Justice Agim said. He further agreed with Ajulo that the court lacked the jurisdiction to entertain the suit, and added that there was no useful purpose to be served by determining the case on the merit. Other members of the panel – Justices John Okoro, Amina Augie, Mohammed Garba, Abdu Aboki and Ibrahim Saulawa – agreed with the lead judgment.
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