The Federal High Court, Abuja, Monday granted an interim injunction stopping President Muhammadu Buhari; the Attorney General of the Federation Abubakar Malami; and Senate President Ahmad Lawan from tampering with the newly amended Electoral Act 2022.
The decision was premised on an ex parte application filed by the Peoples Democratic Party (PDP) through its lawyer Ogwu Onoja (SAN) challenging a fresh move to tamper with the amended Electoral Act signed into law some days ago by Buhari.
Justice Inyang Ekwo in his ruling on the ex parte application said the Electoral Act has become a valid law and cannot be tampered with without following due process of law.
The Judge agreed with Onoja that the proper place to challenge the validity of any existing law is a court of competent jurisdiction.
The court restrained the defendants from removing Section 84 (12) of the Electoral Act or preventing it from being implemented for the purpose of the 2023 general election.
Speaker, House of Representatives, Femi Gbajabiamila; Clerk of National Assembly, Senate Leader, House of Representatives Leader and Independent National Electoral Commission (NEC) are also defendants.
The Deputy Senate President, Deputy Speaker, House of Representatives, Deputy Senate Leader and Deputy House of Representatives Leader are also defendants.
The PDP had sought an order of interim injunction restraining
The PDP’s grouse is that Buhari, having assented to the bill on February 25, cannot give any directive to the National Assembly to take immediate steps to remove Section 84 (12) or any section of the Act on any ground whatsoever.
Justice Ekwo adjourned further hearing till March 21.