The Court of Appeal in Abuja has set aside the judgment of the Federal High Court in Umuahia, Abia State which voided the provision of Section 84 (12) of the Electoral Act 2022.
Delivering judgment on the appeal filed by the Peoples Democratic Party, PDP, a three man-panel of the appellate court headed by Justice Hamma Barka held that the Federal High Court Umuahia had no jurisdiction to have entertained the case on the grounds that the plaintiff, Nduka Edede lacked the locus standi to have filed the suit in the first place.
The court added that Edede did not establish any cause of action to have warranted his approaching the court on the issue as he did not establish that he was directly affected by the provision.
While determining the appeal on its merit, the appellate court however, held that the provision is unconstitutional as it violates Section 42 (1)(a) of the Constitution and that it denied a class of Nigerian citizens their right to participate in an election.
