May 11, 2022

The Court of Appeal on Wednesday set aside the judgment of the Federal High Court in Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.

But while determining the appeal on its merit, the appellate court however held that the provision is unconstitutional because it violates Section 42 (1)(a) of the Constitution and denied a class of Nigerian citizens their right to participate in election.

The implication of this development is that all appointees seeking the ticket of their parties in the primaries and who are yet to resign their appointments may not be disqualified on Constitutional ground.

In a judgment in Abuja, a three-member panel of the appellate court headed by Justice Hamma Akawu Barka held that the Federal High Court Umuahia had no jurisdiction to have entertained the case because the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first place.

The appellate court held 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 contentious provision.

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

While determining the appeal on its merit, the appellate court however held that the provision is unconstitutional because it violates Section 42 (1)(a) of the Constitution and denied a class of Nigerian citizens their right to participate in election.

The judgment was based on the appeal marked: CA/OW/87/2022 filed by the Peoples Democratic Party.