247News

Appeal Court Electoral Act: Appeal Court nullifies judgement voiding 84(12) of Electoral Act

Pinterest LinkedIn Tumblr
Advertisements

Appeal Court Electoral Act: The Court of Appeal sitting in Abuja, on Wednesday, vacated the judgement of the Federal High Court in Umuahia, Abia State, which voided the provision of Section 84(12) of the Electoral Act, 2022.

The appellate court, in a unanimous decision by a three-man panel of Justices led by Justice Hamma Akawu Barka, held that the high court, acted without jurisdiction.

It held that the Plaintiff, Mr. Nduka Edede, lacked the locus standi to institute the action.

According to the appellate court, Edede, failed to establish any cause of action that warranted him to approach the court on the issue, noting that the plaintiff was unable to prove how he was directly affected by that section of the newly amended Electoral Act.

Read Also   Is CBN Governor, Godwin Emefiele Sacked? [FACT CHECK]

Consequently, it struck out the suit marked: FHC/UM/CS/26/2022, which Edede filed before the Umuahia court.

Nonetheless, the appellate court, while determining the appeal on the merit, held that the said provision of the electoral law was unconstitutional because it is in breach of Section 42 (1)(a) of the 1999 Constitution, as amended, stressing that the section denied a class of Nigerian citizens their right to participate in election.

Advertisements

The judgment followed an appeal marked: CA/OW/87/2022, which was filed by the Peoples Democratic Party, PDP.

It will be recalled that the High Court in Umuahia, had in March, struck down section 84(12) of the Electoral Act, 2022 and ordered that it should be deleted by the Attorney-General of the Federation for being inconsistent with the Constitution.

Read Also   Ogun State PDP Primaries Results 2022: Kenny Bello Defeats Reps Deputy Minority Whip

Barely 24 hours after the judgement was delivered, the AGF, Mr. Abubakar Malami, SAN, announced his decision to immediately comply with the court order.

President Muhammadu Buhari had before he signed the Electoral Act Amendment Bill 2022 into law, also expressed his reservations with that portion of the electoral law, which he described as discriminatory.

Specifically, section 84(12) of the Electoral Act, 2022, made it mandatory that political office holders must firstly resign from office, before they could vie for any elective position.

Advertisements

It reads: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

Read Also   Why EFCC Arrested Rochas Okorocha, APC Presidential Aspirant
Advertisements

Alamu Tosin

The writer is Alamu Tosin. I have three strong passions in life — football, blogging and movies — in that order. I love spending time with friends talking about the important things in life and hate nothing more than ‘authority’ and hypocrisy. My personal believe in life is that once an individual sets his/her mind to achieve something, it is totally possible. And oh!, I am a strong Lannister, because I always pay my debt. For writing or fixing gigs, contact [email protected]

Write A Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Pin It