The apex court will hear the case designated SC/CV/504/2022 on May 19, 2022, according to Naija News.

Although the matter is not on the Supreme Court’s list of cases for the week, according to The Nation, relevant parties have been served with hearing notifications.

The action names the National Assembly as the sole defendant.

President Buhari had requested that the National Assembly remove the clause prohibiting political office holders from participating or being voted for during party primaries.

He claimed that such circumstances are already covered by the constitution and that the portion of the election act dealing with them is in contradiction with those provisions.

The plaintiffs (Buhari and Malami) are seeking the following reliefs from the court:

*A declaration that by the joint and or combined reading of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192, and 196, of the Constitution of the Federal Republic of Nigeria, 1999, (as amended), the provisions of section 84 (12) of the Electoral Act, 2022 which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.

*A declaration that having regard to the clear provision of section 1(3) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, read together with section 4 of the same Constitution, the legislative powers vested in the Defendant do not permit or empower # to make any other law prescribing additional qualifying /disqualifying grounds for election to the National Assembly, House of Assembly, Gubernatorial and Presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for the reason of inconsistency, unconstitutional and therefore null and void.

*A declaration that section 84 (12) of the Electoral Act, 2022 disqualifying a political appointee from being a voting delegate or being voted for at a convention or congress of any political party for the nomination of candidates for any election is discriminatory, inconsistent with and in violent breach of the provision of each or all of Sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended), as well as Article 2 of the African Charter on Human and Peoples Rights and some is null and void because of its inconsistency.

*A declaration that by the introduction of the provisions of Section 84(12) into the Electoral Act, 2022, but in disregard of Section 84(3) of the some Act, the Defendant has acted ultra vires the legislative powers vested in it under the provision of section 4 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and/or in violation or breach of the provisions of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196, thereby rendering Section 84(12) of the Electoral Act, 2022 unconstitutional, null and void.

*An order nullifying the provisions of Section 84 (12) of the Electoral Act, 2022 by application of the blue-pencil rule, for being unconstitutional, illegal, null, and void and having been made in excess of the legislative powers of the defendant as enshrined in Section 4 of the 1999 Constitution (as amended).

Meanwhile, it should be noted that the Court of Appeal in Abuja has ruled on the provision of Section 84(12) of the Electoral Act 2022.

The provision of Section 84(12) of the Electoral Act 2022 was nullified by the Federal High Court in Umuahia in a ruling.

The court ruled that the part was unconstitutional, unlawful, illegal, null, void, and of no effect in a judgment issued by Justice Evelyn Anyadike.

The appeal court overturned a lower court verdict in Umuahia that had nullified the provision of the contentious section of the Electoral Act.

According to the unanimous ruling by a three-member panel of the court headed by Justice Hamma Akawu Barka, the lower court had no jurisdiction to have entertained the case and the suit lacked merit.

It thereafter referred the appeal on Section 84(12) of the Electoral Act 2022 to Supreme Court for interpretation.