…Voids Umuahia judgment
The Abuja Division of the Court of Appeal, yesterday, set aside the judgment of Justice Evelyn Anyadike, of a Federal High Court in Umuahia, which voided the provision of Section 84(12) of the Electoral Act 2022.
In a verdict by a three-member panel headed by Justice Hamma Akawu Barka, held that the Federal High Court, Umuahia, had no jurisdiction to have entertained the case because the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first place.
The appellate court ruled 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.
Also, the Court of Appeal struck out the suit which Edede filed before the FHC, in Umuahia.
While determining the appeal on the merit, the appellate Court however held that the provision was unconstitutional because it violated Section 42 (1)(a) of the constitution and denied a class of Nigerian citizens their right to participate in an election.
The verdict was on the appeal filed by the Peoples Democratic Party.
Section 84(12) of the Electoral Act provides that, “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”.
The opposition PDP had sued the President, the Attorney General of the Federation, Senate President, Speaker of the House of Representatives and Clerk of National Assembly. It also sued the Senate Leader, House of Representatives Leader, and the Independent National Electoral Commission (INEC) as 1st to 8th defendants respectively.
Others include Deputy Senate President, Deputy Speaker of House of Representatives, Deputy Senate Leader, and Deputy Leader of the House of Representatives as 9th to 12th defendants in the matter.
The PDP had challenged the legality or otherwise of the National Assembly tinkering with the Electoral Act after it had been signed into law by President Muhammadu Buhari. Amidst debate about the subject matter, a Federal High Court sitting in Umuahia and presided over by Justice Evelyn Anyadike, on March 18, ordered the AGF to delete Section 84(12) of the Act.
