Section 84(12) Electoral Act : Senator Adeyemi applauds Supreme Court for affirming seperation of powers

The senator representing Kogi west Smart Adeyemi has applauded the supreme Court for throwing out a suit filed by President Muhammadu Buhari and his attorney general Abubakar Malami against section 84(12) of the electoral act 2022.

Adeyemi who spoke to our reporter via telephone in Abuja on Friday after the judgement, said the judgement has affirmed the doctrine of the seperation of powers

President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, had filed a suit at the Supreme Court, seeking an interpretation of the controversial clause in the Electoral Amendment Act 2022.

In the suit filed on April 29, Buhari and Malami who are the plaintiffs listed the National Assembly as the sole defendant.

Section 84 (12) has been a subject of intense litigation and political debate in Nigeria since President Buhari signed the amended Electoral Act 2022 into law in February this year.

Shortly after signing it into law, Buhari had urged the parliament to delete the controversial clause in the Electoral Act, but the National Assembly declined the president’s request.

According to Section 84 (12) of the legislation, “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.”

The suit came weeks after the Federal High Court in Umuahia, Abia State, struck out Section 84 (12) on the ground that it was in conflict with some sections of the Nigerian constitution.

Continuing, senator Adeyemi said,

“Everyone now knows the limit of his powers, that is what the supreme Court has just done. To tell the executive that this is the limit of their own powers so they should not delve in to the powers of the legislature just like the judiciary must be respected. “So this is a far reaching judgements. It would allow every arm of Government to know the limit of its powers so that you don’t infringe on another person’s constitutional responsibility as it is entrenched in the constitution the powers of each arm of Government

“I think this will guide the executive now and forever in the way and manner people use their position. 

“The clause was meant to safeguard and ensure that nobody will have any advantage over others in a democratic setting that is just what we wanted to achieve by that clause and I think this judgement has affirmed our position and it shows we have done the right thing.

“I was one of those who actually contributed to the debate on that section at the committee level and at the floor of the senate. I have been filling the development with keen interest.  

“The section was inserted based on people taking advantage of their position as members of the executive to contest election. Those were what informed our position and I think it is better that way. 

“We thank the judiciary for doing what is right for the country.

It is not for the executive to make laws, it is for legislators to make laws, that is why they were elected in the first place where we have 360 house of Representatives and 109 senators can we all be wrong. It is very clear for me I am delighted with the judgement by the supreme Court.”