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Court re-schedules hearing in PDP’S suit against Buhari on Electoral Act till May 24

 

Tunde Oyesina, Abuja

The Federal High Court in sitting Abuja Monday fixed May 24 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.

The trial Judge, Justice Inyang  Ekwo fixed the new date to enable 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 borders on the same section of the law in which a higher court had made a pronouncement that would be binding on a lower court.

Counsel to PDP,  Joseph Daudu (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, counsel to the FG, Oladipupo Okpeseyi (SAN), disagreed with the PDP counsel  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 the  matter shall address him on May 24 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.

 

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