11th May, 2022
By Wandoo Sombo
The Court of Appeal sitting in Abuja 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.
Delivering judgement, the three-member panel of the court led by Justice Hamma Akawu- Barka held that the Federal High Court Umuahia had no jurisdiction to have entertained the case.
This, they said, was because the plaintiff, Mr Nduka Edede, did not have the legal right to have filed the suit in the first place.
According to the appellate court, Edede did not establish any cause of action to have warranted his approaching the court on the issue.
He did not establish that he was directly affected by the provision.
Before striking out the suit marked: FHC/UM/CS/26/2022 which Edede filed, the court, reasoned that the provision was unconstitutional as it violates Section 42 (1)(a) of the constitution.
It also denies a class of Nigerian citizens their right to participate in the election.