Home News Electoral Act: Court of Appeal Voids Judgment Against Section 84(12)

Electoral Act: Court of Appeal Voids Judgment Against Section 84(12)

by Kunle Awosiyan
Court

The Court of Appeal sitting in Abuja has set aside the judgment of the Federal High Court in Umuahia which voided the provision of Section eighty-four, subsection twelve of the Electoral Act twenty twenty-two.

In a judgment on Wednesday, a three-member panel of the court headed by Justice HAMMA BARKA held that the Federal High Court, Umuahia had no jurisdiction to have entertained the case because the plaintiff, NDUKA EDEDE, lacked the RIGHT to have filed the suit in the first place.

The appellate court added that EDEDE did not establish any cause of action to have warranted his approaching the court on the issue because he did not establish that he was directly affected by the provision.

While determining the appeal on merit, the court, however, held that the provision is unconstitutional because it violates Section forty-two, subsection one (a) of the Constitution and denied a class of Nigerian citizens their right to participate in elections.

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