Home Human Rights Electoral Act 2022: Appeal Court nullifies judgment on Section 84(12)

Electoral Act 2022: Appeal Court nullifies judgment on Section 84(12)

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The Court of Appeal sitting in Abuja has ruled that Section 84(12) of the Electoral Act is unconstitutional and that it violates Section 42 (1)(a) of the Constitution of the Federal Republic of Nigeria.

According to a report by TheNewsGuru.com the court of appeal on Wednesday ruled that the Section denied a class of Nigerian citizens their right to participate in an election.

The Court which had a three-member panel led by Justice Hamma Akawu Barka affirmed that the Federal High Court Umuahia had no jurisdiction to hear the case brought by Nduka Edede and, therefore, struck it out.

Appeal Court said the plaintiff lacked the locus standi to have filed the suit in the first place and that the appellate court said that Edede did not 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 as such struck out the suit against Section 84(12) marked: FHC/UM/CS/26/2022 which Edede filed before the Umuahia court.

Section 84(12) of the Electoral Act provides that political appointees of the president and governors cannot partake in party primary elections.

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