By Muhammed Abubakar, Reporting
The Court of Appeal, Wednesday, sets aside the judgment of the Federal High Court in Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.
The judgment was on the appeal marked: CA/OW/87/2022 filed by the PDP.
In the judgment in Abuja, 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.
The appellate court added 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 provision.
The appellate court, while determining the appeal on the merit, 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.
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