Appeal Court Sets Aside Umuahia High Court Voiding Section 84(12) Of Electoral Act 2022
The Court of Appeal sitting in Abuja on Wednesday, May 11, 2022, set aside the ruling of a Federal High Court, Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.
A three-member panel of the Appellate Court headed by Justice Hamma Akawu Barka ruled that the Federal High Court, Umuahia lacked the jurisdiction to have entertained the case since the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first place.
The Appeal Court ruling on an appeal filed by the Peoples Democratic Party (PDP), marked: CA/OW/87/2022, also ruled that Edede failed to establish any cause of action to have warranted his approaching the High Court on the issue as he did not establish that he was directly affected by the provision of the Act.
The Court of Appeal therefore struck out the suit marked: FHC/UM/CS/26/2022 which Edede filed before the Federal High Court, Umuahia, Abia State.
The Court of Appeal while determining the appeal on the merit, however ruled that the provision is unconstitutional as it violates Section 42 (1)(a) of the Constitution and denied a class of Nigerian citizens their right to participate in election.
