The Court of Appeal has restrained the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami SAN from taking any step to frustrate the hearing of an appeal against the judgment mandating the AGF to delete Section 84 (12) from the amended 2022 Electoral Act.
This followed the granting of the Peoples Democratic Party (PDP) the permission to appeal the March 18, 2022 judgment of a Federal High Court, Umuahia, Abia State presided over by Justice Justice Evelyn Anyadike.
The Court specifically warned parties to desist from taking any step to frustrate the hearing of the appeal.
The PDP had filed a separate suit before the Federal High Court, in Abuja in which it challenged among others, President Muhammadu Buhari’s request that the National Assembly alters the provision of Section 84(12) of the Electoral Act.
The case marked: FHC/ABJ/CS/247/2022, now before Justice Inyang Ekwo was adjourned till April 28, 2022 for hearing.
In its ruling, the three-member panel of the Court of Appeal, Owerri Division led by Justice Rita Nosakhare Pemu, also granted accelerated hearing in the appeal upon a motion marked: CA/OW/87m/2022 filed by the PDP, with Chief Nduka Edede (plaintiff in the suit decided by Justice Anyadike) and the AGF as respondents.
The ruling reads; “Leave is hereby granted the applicant (PDP) to appeal as person interested in this appeal – CA/OW/87/2022.
“Due to the exigencies of this appeal and its constitutional colourisation, there is need to hear this matter expeditiously.
“Accordingly, the appellant is hereby given up to Tuesday 12th of April, 2022 to file its notice of appeal and the parties are to file their respective briefs of arguments within three days from the date of service of the notice and record of appeal on the respondents.
“Parties should desist from taking any step to frustrate the hearing of the appeal.
“The matter is adjourned to the 4th of May, 2022, for the hearing of the appeal. Fresh hearing notice to be issued on the 2nd to the 12th respondents.”
The two chambers of the National Assembly had equally indicated their intention to appeal the judgment of Justice Anyadike of the Federal High Court, Umuahia, Abia State.
The trial Judge had on March 18, in the suit by Edede, marked: FHC/UM/CS/26/2022, ruled that Section 18(12) of the amended Electoral Act was unconstitutional and should be struck down, saying that sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that government appointees seeking to contest elections are only to resign at least 30 days before the election.
Justice Anyadike therefore ruled that any other law that mandates such appointees to resign or leave office at any time before the 30 days provided in the Constitution was unconstitutional and void to the extent of its inconsistency with the clear provisions of the Constitution.
The High Court therefore ordered the Attorney General of the Federation to delete the said Section 18(12) from the amended Electoral Act.
Section 84(12) of the Electoral Act states; “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”.
