Justice Evelyn Anyadike of a Federal High Court in Umuahia, who had ruled against Section 84(12) of the Electoral Act 2022, had her decision overturned by the Abuja Division of the Court of Appeal, on WednesdayBased one of the three-judge panel’s decision, the appellate court ruled that the plaintiff, NdEddiedede, did not have the standing to sue, and therefore the Federal High Court Umuahia had no jurisdiction to hear the case.
BecaEddiedede failed to show how he was directly affected by the provision, the Appellate Court ruled that there was no basis for him to take the matter to court in the first place.
The Court of Appeal threw out Edede’s suit, FHC/UM/CS/26/2022, which had been filed in Umuahia before the FHC.
A class of Nigerian citizens was denied their right to participate in elections because of a violation of Section 42 (1)(a) of the constitution, the Appellate Court found.
CA/OW/87/2022, the People’s Democratic Party’s appeal, was the subject of the ruling.
“No political appointees at any level shall be a voting delegate or be voted for in the convention or congress of any political pato nominating candidates for any election.”
The PDP had filed lawsuits against the President, the Attorney General of the Federation, the President of the Senate, the Speaker of the House of Representatives, and the Clerk of the Assembly.
In addition, it named as defendants the Senate Leader, House Speaker, and the Independent National Electoral Commission, in that order.
Additionally, the Deputy Senate President, the Deputy House Spe,aker, and Senate Minority Leader are among the 9th to 12th people named as defendants in this case.
After President Muhammadu Buhari signed the Electoral Act into law, the PDP questioned whether or not the National Assembly’s tinkering with it was legal.
Nigeria’s Federal High Court in Umuahia on March 18 ordered the AGF to remove Section 84(12)the of Act, which had been the subject of much debate.
Because it violates the Constitution’s clear provisions on constitutional validity and enforceability, Anyadike concluded in her ruling that the section at issue was ‘unconstitutional, invalid, illegal, null, void and without effect’ and should be struck down.
There were already provisions in the 1999 Constitution, according to Anyadike, requiring government appointees who wanted to run for office to resign at least 30 days before the election.
- Tags: 2023 election, Electoral Act 2022, Nigeria
