By Kenneth Atavti
Federal High Court in Abuja has fixed May 24, 2022 for definite hearing in a suit instituted against President Muhammadu Buhari by the Peoples Democratic Party PDP on the controversial section 84 (11) and (12) of the Electoral Act 2022.
Justice Inyang Eden Ekwo fixed the new date yesterday to enable President Buhari and PDP address him on the effect of the Court of Appeal judgment in Abuja which declared the contentious section 84 (12) as Unconstitutional, null and void.
The Judge on his own raised the issue on the ground that the PDP’S suit bothers on the same section of the law in which a higher court had made pronouncement that would bind on lower court.
Joseph Daudu, a Senior Advocate of Nigeria SAN in response made spirited attempts to draw a distinction between the two matters and why the Judge should proceed to hear the PDP’S suit.
However, Oladipupo Okpeseyi SAN, disagreed with the PDP lawyer insisting that there was no difference between the Umuahia suit and that of PDP because the two are on the same section 84 (12) of the Electoral Act.
Following the disagreement, the Judge held that all parties in matter shall address him on May 24 , 2022 on whether to abide by the Court of Appeal decision or proceed with the one before him.
The section 84 ( 12) of the Electoral Act orders all political appointees to resign from their positions 30 days to the conduct of the primary election that would produce candidates for elective offices in the 2023 general elections.
