The Judge in a ruling on ex-parte application by the Peoples Democratic Party (PDP), agreed that the Electoral Act has become a valid law and cannot be tampered with without following due process of law.
The court agreed with Chief James Ogwu Onoja, SAN, counsel to PDP that the proper place to challenge validity of any existing law is court of competent jurisdiction.
Specifically, the court restrained all the defendants in the suit from removing Section 84 (12) of the Electoral Act or prevent it from being implemented for the purpose of the 2023 general elections.
The PDP had dragged President Buhari before the court challenging the planned move to tamper with the newly amended Electoral Act signed into law some days ago by President Buhari.
Buhari was sued along with the Attorney General of the Federation AGF and Minister of Justice, Senate President, Speaker, House of Representatives, Clerk of National Assembly, Senate Leader, House of Representatives Leader and Independent National Electoral Commission (INEC).
Also joined as defendants in the suit marked FHC/ABJ/CS/247/2022 were Deputy Senate President, Deputy Speaker, House of Representatives, Deputy Senate Leader and Deputy House of Representatives Leader.
The main opposition party in the suit filed on its behalf by Chief Onoja SAN, prayed the Federal High Court for an order of interim injunction restraining President Buhari and other defendants from refusing to implement the duly signed Electoral Act or in any manner witholding the Electoral Act from being put to use including the provisions of section 84 (12) of the said Act pending the resolution of the suit.