EMMANUEL AKOMAYE AGIM JSC (Delivering the Leading Judgment): The legislative power of the National Assembly (NASS) to make laws concerning the internal affairs of a political party is limited by S.228(a) of the Constitution of the Federal Republic of Nigeria 1999 (the 1999 Constitution) to the making of a law to provide guidelines and rules to ensure internal democracy within political parties including making laws for the conduct of party primaries, party congress and party conventions, etc.
In the purported exercise of this power, the Electoral Act 2022 was enacted and commenced on 25-2-2022 in accordance with s.58 of the 1999 Constitution which requires in subsection ( 4) that the President assents or withholds assent to a Bill, and provides in subsection (5) that if he withholds assent, the Bill can become law if passed by 2/3 of majority of each of the two Houses of the National Assembly and the President's assent would not be required. In our present case, upon the presentation o…