Court of Appeal Sets Aside Judgment Voiding Section 84(12) of Electoral Act 2022

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

In a judgment, a 3 member panel of the court presided 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.

But while determining the appeal on the merit, the appellate court 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.