Justice Inyang Edem Ekwo of the Federal High Court in Abuja has struck out a suit instituted by the Peoples Democratic Party, PDP, against former President Muhammadu Buhari on the disputed Section 84(12) of the 2022 Electoral Act.
PDP had dragged Bubari before the Court challenging his directive made in 2023 to the National Assembly to delete Section 84(12) of the 2022 Electoral Act.
The grouse of PDP then was that Buhari no longer had powers to delete the section of the law after he had assented to the Electoral Act.
However, at Thursday’s proceedings, counsel to Buhari, Abimbola Akintola told the court that a Supreme Court decision being awaited in respect of the PDP’s suit had not been decided.
Akintola, who represented Oladipupo Okpeseyi, a Senior Advocate of Nigeria, SAN, informed the Court that PDP has abandoned the suit due to its persistent absence in court.
The lawyer drew the attention of Justice Ekwo to the November 23, 2023, proceeding when the matter was called and neither PDP nor its lawyers appeared before the court and no explanation was offered.
She further hinted the Judge that at Thursday’s proceeding, PDP and its team of lawyers also did not appear in court and offered no excuses.
The counsel then applied that the suit be struck out pending the time the party will wake up to prosecute its case.
Due to no objections from other parties in the suit, Justice Ekwo struck out the matter for want of diligent prosecution.
Buhari had engaged five Senior Advocates of Nigeria, namely Chief Oladipupo Okpeseyi, renowned Professor of law, Yemi Akinseye George, Abdul Atadoga Ibrahim, Tijani Alkali Gasali and Ehiogie West-Idahosa to defend him in the suit.
The senior lawyers were mandated to fortify the position of the Presidency that Section 84 (12) of the 2022 Electoral Act is unconstitutional, null and void and should be deleted.
The President also hinged his call for the dismissal of the suit on the reason that it discloses no wrongful act against him or any injury suffered by PDP or any damage likely to be suffered by the party if the Electoral Act’s Section 84(12) is deleted.
Ground two of the objection was further premised on abuse of court process in view of a judgment by the same court in Umuahia, Abia State, delivered by Justice Evelyn Anyadike on March 18, 2023 in suit No FHC/UM/CS/26/2022 which nullified and set aside Section 84(12) of the Electoral Act 2022.
