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11
May
2022

Appeal Court sets aside judgment voiding Section 84(12) of Electoral Act 2022

The Court of Appeal Abuja Division has set aside the judgment of the Federal High Court in Umuahia which ordered the deletion of Section 84(12) of the Electoral Act 2022.

A three-member panel headed by Justice Hamma Barka while delivering judgement on Wednesday held that the Lower court had no jurisdiction to have entertained the case.

President Muhammadu Buhari on February 25 assented to the electoral act amendment bill.

But he asked the national assembly to delete section 84(12) of the act, which 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

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.

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.”

Recall the Umuahia court had declared invalid and unconstitutional section 84(12) of the amended Electoral Act and ordered the Attorney general of the Federation to delete it.

The appellate court held that Nduka Edede, the plaintiff lacked the locus standi to have instituted the suit.

The court also held that Mr Edede did not establish any cause of action that warranted him taking the matter to court.

The appellate court, however, 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 elections.

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