The Abuja division of the Court of Appeal has set aside a judgment of the Federal High Court in Umuahia, Abia State, which voided the provision of Section 84 (12) of the Electoral Act 2022.
A three-member panel of the 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.
It was the findings of the appellate court that Edede did not establish any cause of action to have warranted his approaching the court on the issue, as he was unable to establish that he was directly affected by the provision.
The Court of Appeal struck out the suit marked: FHC/UM/CS/26/2022 which Edede filed before the Umuahia court.
Nonetheless, while determining the appeal on the 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 rights to participate in election.
The judgment was on the appeal marked: CA/OW/87/2022 which was instituted by the PDP.
