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HomeAround The WorldCourt sets aside judgment voiding section 84 (12) of the Electoral Act

Court sets aside judgment voiding section 84 (12) of the Electoral Act

The Court of Appeal Abuja Division 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.

President Muhammadu Buhari on February 25 assented to the electoral act modification invoice.

But he requested the nationwide meeting to delete section 84(12) of the act, which 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.”

While delivering judgment on Wednesday, the three-member panel headed by Justice Hamma Barka held that the Federal High Court, Umuahia, had no jurisdiction to have entertained the case as the plaintiff, Nduka Edede, lacked the locus standi to have filed the swimsuit in the first occasion.

The courtroom added that Mister Edede didn’t set up any trigger of motion to have warranted him approaching the courtroom on the challenge as a result of he didn’t set up that he was immediately affected by the provision.

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The Court of Appeal struck out the swimsuit which Edede filed earlier than the Umuahia courtroom.

Determining the attraction the appellate courtroom, nevertheless, held that the provision is unconstitutional as a result of it violates Section 42 (1a) of the Constitution and denied a category of Nigerian residents their proper to take part in an election.

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