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May 17, 2022
Judiciary News

Section 84(12) : Appeal Court Sets Aside Judgment of Lower Court.

The Court of Appeal, Abuja, has set aside the judgment of the Federal High Court sitting in Umuahia, which nullified the provision of Section 84(12) of the Electoral Act 2022.

A 3-man panel of the appellate court led by Justice Hamma Barka held that the Federal High Court Umuahia lacked the jurisdiction to have entertained the suit. 

The appellate court contended that the plaintiff, Nduka Edede did not have the locus standi to have filed the suit in the first place.

The panel added that Edede did not establish any cause of action which could have warranted him to approach the court on the issue, since he failed to establish  he was directly affected by the provision of section 84(12).

Consequently, the Court of Appeal struck out the suit which Edede filed before the Umuahia division of the Federal High Court.

While determining the appeal on the merit, the appellate court however held that the provision is unconstitutional because it violates Section 42 (1)(a) of the Constitution and denied a class of Nigerian citizens their right to participate in election.

By Victoria Abah.

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