Electoral Act: A’Court declares Section 84(12) unconstitutional

The Court of Appeal sitting in Abuja has declared the provision of Section 84(12) of the Electoral Act 2022 as unconstitutional.

The appellate court, however, set aside the judgement of the Federal High Court in Umuahia that voided the controversial provision.

The judgement was on the appeal marked: CA/OW/87/2022 filed by the PDP.

Justice Hamma Akawu Barka, who headed the three-man panel of the appellate court, on Wednesday, held that the provision is unconstitutional.

According to the panel, which heard the appeal on merit, the provision violates Section 42 (1)(a) of the Constitution as it denied “a class of Nigerian citizens their right to participate in election.”

Malami: FG’ll delete Section 84(12) of amended Electoral Act

The Section 84(12) of the Electoral Act read: “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.”

Ruling on the suit marked: FHC/UM/CS/26/2022 which Nduka Edede filed before the Umuahia court, Justice Barka held that the Federal High Court Umuahia had no jurisdiction to have entertained the case.

The panel held that Edede lacked the locus standi to have filed the suit in the first place.

The court noted that the plaintiff did not establish any cause of action to have warranted his approaching the court on the issue.

Justice Barka said the plaintiff did not establish that he was directly affected by the provision.

Details later…

The Star