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Citing Lack of Locus, Appeal Court Voids Judgment Striking Down Section 84(12) of Electoral Act 2022


The Court of Appeal sitting in Abuja on Wednesday, citing the ‘lack of locus’, voided the judgment of the Federal High Court in Umuahia which struck down Section 84(12) of the Electoral Act 2022.


The appellate court voided the judgment of Justice Evelyn Anyadike of the Federal High Court, Umuahia, while delivering judgment in the appeal marked:CA/OW/87/2022, filed by the People’s Democratic Party (PDP).


In a unanimous decision, the three member panel of the appellate court presided over by Justice Hamma Barka held that the Federal High Court Umuahia had no jurisdiction to have entertained the case because the plaintiff, Nduka Edede, did not have the legal authority to initiate the suit.


According to the panel, the plaintiff, Edede failed to 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.


The Court of Appeal subsequently struck out the suit marked: FHC/UM/CS/26/2022 which Edede filed before the Umuahia court.


However, delivering judgment on the merit of the suit, the panel held that the said Section 84 (12) was unconstitutional because it breaches Section 42 (1)(a) of the Constitution by denying a class of Nigerian citizens their right to participate in election.

Culled from THISDAY

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