The highest court in the land, the Supreme Court has dismissed the suit brought by President Muhammadu Buhari and the Attorney General of the Federation (AGF), Abubakar Malami seeking to void the provision of Section 84(12) of the Electoral Act 2022.
Delivering the judgement on Friday, a panel of justices headed by Justice Musa Dattijo Mohammed, unanimously held that Buhari, having participated in the making of the law by assenting to it, could not turn back to reject a part of it.
The highest court refused to determine it on the merit but declared that the Supreme Court lacked the jurisdiction to hear it and that the suit was an abuse of court process.
The court held that the principle of Separation of Powers for the President to seek to direct/request the Legislature to make a particular law or alter any law.
“The President lacks the power to direct the National Assembly to amend or enact an act..it violates the principle of separation of powers.
“There is no part of the Constitution that makes the exercise of legislative powers subject to the directive of the President,” the court said.