COURTROOM NEWS 25/05/2022
Court Adjourns PDP’s Suit For Supreme Court’s Decision In Buhari’s Case Against Section 84 (12) Of EA
A Federal High Court in Abuja has adjourned till June 28 for parties in a suit by the Peoples Democratic Party (PDP) on the provision of Section 84(12) of the Electoral Act, 2022 to report on the outcome of a similar suit by President Muhammmadu Buhari before the Supreme Court.
The PDP, in the suit FHC/ABJ/CS/247/2022, seeks to restrain the National Assembly from giving effect to the request by President Buhari to delete Section 84(12) of the Electoral Amendment Act, 2022.
Justice Inyang Ekwo chose the date after lawyer to the plaintiff, Joseph Daudu (SAN) noted that the hearing of the suit was dependent on the outcome of the one before the Supreme Court filed by President Buhari and the Attorney General of the Federation (AGF).
Justice Ekwo had on the last adjourned date, asked the plaintiff to review it’s case in view of a recent Court of Appeal judgment on an appeal by the PDP against the judgment by Justice Evelyn Ayandike of the Federal High Court, Umuahia, voiding the Section 84 (12) of the Electoral Act.
At the mention of the case on Tuesday, Daudu told the court although the suit was fixed for May 24 parties to review their processes, some of the respondents just served him some applications.
When asked by the judge if he has done a review of his case as earlier directed by the court, Dauduh said he found that the judgment of the Court of Appeal on Section 84(12), if applied, would make the work of the court easier because the appellant court agreed with his client on two points.
Daudu added that the Appeal Court judgment “is still merely persuasive since it is not the final court.”
According to him, it is only the Supreme Court that has the final say.
He said the outcome of the suit before the Supreme Court would be either for the judgment to be binding on them or for the court hear their case.
He added: “So all is pointing to the direction to know what the Supreme Court will say.”
Following Daudu’s response, Justice Ekwo noted that since processes had been filed and no response had been done, that showed that no issue had been joined, adding “that means this matter has to abate.”
The judge ordered parties in the case to file relevant processes before the new date, adjourned the matter until June 28 for report of the outcome of the case before the Supreme Court.
Listed with President Buhari as defendants in the suit are the AGF, Senate President, Speaker of the House of Representatives and Clerk of National Assembly.
Others are Senate Leader, House of Representatives Leader and the Independent National Electoral Commission (INEC).
Also listed as defendants are the Deputy Senate President, Deputy Speaker of House of Representatives, Deputy Senate Leader, Deputy Leader of the House of Representatives and the Allied People’s Movement (APM).