A Court of Appeal sitting in Abuja, on Wednesday set aside a judgment by the Federal High Court, Umuahia, Abia State, which ordered the Attorney-General of the Federation (AGF), Abubakar Malami to delete Section 84(12) from the recently signed Electoral Act 2022.
The Appellate Court in a three-man judgment held that Justice Evelyn Anyadike of the Federal High Court lacked the locus standi to deliver judgment on the matter.
The three-member panel headed by Justice Hammersmith Akawu Barka also ruled that the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first place.
This was sequel to the appeal application marked: FHC/UM/CS/26/2022 and filed by the Peoples Democratic Party (PDP) challenging the judgment of the Federal High Court in Umuahia which nullified Section 84 (12) of the Electoral Act. The opposition party had approached the appellate Court to strike out the court order on the grounds that it was unconstitutional
Delivering judgement on the matter, Barka held that Edede failed to establish any cause of action to have warranted him approaching the court on the Section 84(12) of the Electoral Act.
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 election.
Recall that the section 84 of the Electoral Act has been generating massive arguments from Nigerians as the provisions in the section bars political appointees from participating in any election.
The section reads, “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”
President Muhammadu Buhari while signing the Electoral Bill into law in February had asked the National Assembly to delete section 84 (12), on the grounds that it amounts to the disenfranchisement of serving political office holders.
However, the Senate refused to consider the president’s request and threw out the bill seeking the amendment of the section, with lawmakers stressing that an amendment would be going against the civil service norms and would be injurious to the well-being of the society.
