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

Olalekan Awojodu, Abuja

A Division of Court of Appeal sitting in Abuja has set aside the judgment of the Federal High Court sitting in Umuahia, which nullified the provision of Section 84(12) of the Electoral Act 2022.

On Wednesday, a 3-man panel of the appellate court led by Justice Hamma Akawu Barka held that the Federal High Court Umuahia lacked the jurisdiction to have entertained the suit. The appellate court contended that the plaintiff, Nduka Edede did not have the locus standi to file the suit in the first place.

The appellate panel added that Edede did not establish any cause of action which could have warranted him to approach the court on the issue, because he did not establish that he was directly affected by the provision of section 84(12).

However, determining on its merit, the appeal marked CA/OW/87/2022, which was filed by the PDP, the appellate court held that the provision “is unconstitutional because it violates Section 42 (1)(a) of the Constitution and denied a class of Nigerian citizens their right to participate in election.

Consequently, the Court of Appeal struck out the suit marked: FHC/UM/CS/26/2022, which Edede filed before the Umuahia division of the Federal High Court.

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