A Federal High Court in Abuja has set May 24 for a definite hearing on a suit filed by the Peoples Democratic Party against President Muhammadu Buhari (retd.) over the disputed sections 84 (11) and (12) of the Electoral Act 2022.
On Monday, Justice Inyang Ekwo set a new date for Buhari and the PDP to address him about the impact of the Court of Appeal’s Abuja judgment declaring the contentious section 84 (12) unconstitutional, null, and void.
The Judge raised the issue because the PDP’s suit concerned the same section of the law where a higher court had issued a decision that would bind a lower court.
In response, a Senior Advocate of Nigeria, Joseph Daudu, fought hard to draw a distinction between the two cases and explain why the judge should hear the PDP’s lawsuit.
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However, Oladipupo Okpeseyi, SAN, disagreed with the PDP lawyer, claiming that the Umuahia and PDP suits were based on the same section 84 (12) of the Electoral Act.
Following the disagreement, the Judge ordered that all parties involved in the case meet with him on May 24 to decide whether to follow the Court of Appeal’s decision or pursue the one before him.
All political appointees must resign from their positions 30 days before the primary election that will produce candidates for elective offices in the 2023 general election, according to Section 84 (12) of the Electoral Act.
