By Kamsi Anayo
The Court of Appeal sitting in Abuja on Wednesday set aside the judgment of the Federal High Court, Umuahia, which voided the provision of Section 84(12) of the Electoral Act 2022.
In a judgment by a three-member panel of the court headed by Justice Hamma Akawu Barka, the appellate court declared 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 court stressed that the plaintiff 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 however struck out the suit marked: FHC/UM/CS/26/2022 filed by Edede at the Umuahia court holding that the provision is unconstitutional.
It said that 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 on the appeal marked: CA/OW/87/2022 filed by the PDP.
