*Heads to court
Success Nwogu
The Peoples Democratic Party (PDP) has differed with President Muhammadu Buhari over the Provisions of Section 84 (12) of the 2022 Electoral Amendment Act, which the President recently assented to.
It could be recalled that after signing the bill into law, President Buhari picked holes with the provisions of Section 84(12) and claimed that it was inconsistent with the Constitution of the Federal Republic of Nigeria.
Subsequently, indications emerged that President Buhari wants the National Assembly to amend the section.
The National Legal Adviser, PDP, Kamaldeen A. Ajibade (SAN, FCIM, FICMC), in a statement on Monday, said the PDP has thoroughly reviewed the request of President Buhari, the signed Electoral Act as well as the Constitution of the Federal Republic of Nigeria 1999 (as amended) and found that contrary to the position of President Buhari, there is no conflict between the provision of Section 84 (12) of the Electoral Act and the Constitution.
He argued that under the Constitutional Principle of Separation of Powers, it is not within the purview or powers of the President, as a member of the Executive arm to try to interpret the Electoral Act as passed or determine its conformity or otherwise with the Constitution as such powers lie with the Judiciary.
The PDP National Legal Advised further stated that the PDP, which he claimed is a party that is founded and guided by strict observance of the principle of democracy and constitutionality, has in line with its avowed commitment to constitutional government resolved to approach the court for proper interpretation of that provision of Section 84 (12) of the Electoral Act visa-viz the Constitution.
According to him, PDP’s action is guided by the Constitutional Principle of Separation of Powers to the extent that the Legislature makes the law, the President as the Executive assents to it, and the Judiciary is vested with the powers and function to interpret the provisions of the law.
Ajibade said, “The PDP has received a flurry of inquiries from Nigerians regarding its position on the request by President Muhammadu Buhari to the National Assembly to amend section 84 (12) of the already signed Electoral Act citing Constitutional inconsistency.
“The PDP commends Nigerians for their steadfastness to ensure the passage of the new Electoral Act to further guarantee free, fair, transparent, and credible elections in our country, particularly the 2023 general elections.
“Our Party has thoroughly reviewed the request of Mr. President, the signed Electoral Act as well as the Constitution of the Federal Republic of Nigeria 1999 (as amended) and found that contrary to the position of Mr. President, there is no conflict between the provision of Section 84 (12) of the Electoral Act and the Constitution.”
He added, “Moreover, under the Constitutional Principle of Separation of Powers, it is not within the purview or powers of the President, as a member of the Executive arm to try to interpret the Electoral Act as passed or determine its conformity or otherwise with the Constitution as such powers lie with the Judiciary.
“The PDP, a party that is founded and guided by strict observance of the principle of democracy and constitutionality, has in line with our commitment to constitutional government resolved to approach the court for proper interpretation of that provision of Section 84 (12) of the Electoral Act visa-viz the Constitution.
“Our action is guided by the Constitutional Principle of Separation of Powers to the extent that the Legislature makes the law, the President as the Executive assents to it and the Judiciary is vested with the powers and function to interpret the provisions of the law.”…. continue reading