HighlightTop StoryTrending Story

Electoral Act: Section 84(12) unconstitutional, Appeal Court rules

352

The Court of Appeal has ruled that Section 84(12) of the Electoral Act is unconstitutional, as it violates Section 42 (1)(a) of the Constitution of the Federal Republic of Nigeria.

Persecondnews reports that Section 84(12) provides that political appointees of the president and governors cannot partake in party primary elections.

In a judgment on Wednesday in Abuja, the Court of Appeal ruled that the Section denied a class of Nigerian citizens their right to participate in the election.

The three-member panel of the Court headed by Justice Hamma Akawu Barka, affirmed that the Federal High Court Umuahia had no jurisdiction to hear the case brought by Nduka Edede and, therefore, struck it out.

According to the Appeal Court, the plaintiff lacked the locus standi to have filed the suit in the first place.

The appellate court further 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 Court of Appeal as such struck out the suit against Section 84(12) marked: FHC/UM/CS/26/2022 which Edede filed before the Umuahia court.

Therefore, the Appeal Court judgment has cleared the air on the eligibility of the ministers affected.

Persecondnews reports that the ruling is a relief for the Minister of Transportation, Rotimi Chibuike Amaechi Amaechi, the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, and Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, as they have been facing public backlash for failing to resign their appointments before pursuing their political aspirations.

Leave a comment

Related Articles

Osun LG polls: We ‘II make certified results available to those interested soon – OSSIEC boss

With the 30 chairmanship and 332 councillorship seats in all the local...

Tinubu Kicks Off Lagos-Ibadan-Sagamu Expressway Reconstruction

President Bola Tinubu in Saturday flagged off the reconstruction and expansion of...

Gunners’ Title Dreams Dented as West Ham Secure Hard-Fought 1-0 Victory

Arsenal’s Premier League title aspirations suffered a significant setback after a 1-0...

Breaking: Osun Council Polls: PDP Secures Landslide Victory, Clinches All Chairmanship, Councillorship Seats

The People’s Democratic Party (PDP) has won all the chairmanship and councillorship...

Breaking: Osun council poll: Police disrupt exercise, seal off OSSIEC

The Chairman of the Osun State Independent Electoral Commission, Mr. Hashim Abioye,...

Just in: Gov. Adeleke casts his vote as Osun LG poll kicks off

Amidst controversy and opposition from some quarters, Osun State Governor Ademola Adeleke...

Nigeria’s Power Minister Leads Delegation to Japan for Energy Collaboration Talks

By Joycelyn Ellakeche Adah The Minister of Power, Dr. Adebayo Adelabu along...

Police defy court order, call for suspension of Feb. 22 Osun council polls

In spite of a court order directing the conduct of council polls...

31 new states’ requests fall short of constitutional requirements – Deputy Speaker Kalu

Amidst the ongoing debate on the requests for creation of 31 new...

Just in: Court orders OSSIEC to conduct Osun LG Polls

Justice Adeyinka Aderibigbe of the Osun State High Court has ruled that...

Just in: Court orders final forfeiture of $4.7m, N830m, properties linked to Emefiele

In a significant ruling, Justice Yellim Bogoro of the Federal High Court...

Gov. Adeleke stands firm, vows to conduct council polls despite AGF’s objections

Despite a directive from Attorney-General of the Federation (AGF) and Minister of...

Just in: Some parts of Abuja to experience 7-hour power outage – TCN

Abuja’s prolonged power outage persists, with the Transmission Company of Nigeria (TCN)...

ECOWAS, UN Joint Mission to Support Peace Efforts in Guinea Bissau

A joint mission of ECOWAS and the UN Office for West Africa...

Afenifere slams IBB’s belated admission on Abiola’s June 12, 1993 election victory as hollow, too little, too late

Unimpressed by ex-Head of State Ibrahim Babangida’s admission that the late Chief...

NFF Suspends Two Referees Over Controversial Penalty Decision

The Nigeria Football Federation (NFF) has suspended two referees, Ayeni Ridwan Olatunji...

Nigeria’s oil rig count to hit 50 in March to achieve 2 million bpd target, says NUPRC Boss Komolafe

The Nigerian Upstream Petroleum Regulatory Commission (NUPRC) has announced that the country’s...

Tinubu hails IBB’s courage, patriotism for acknowledging Abiola’s 1993 election win

President Bola Tinubu has lauded what he called former military Head of...

VP Shettima Unveils Ambitious ‘Nutrition 774 Initiative’ to Combat Malnutrition in 774 Council Areas

Nigeria’s Vice President, Sen. Kashim Shettima, has urged state governors, ministers, local...

Fire at Cawthorne Channel 1 Barges: NNPCL Emergency Team Swiftly Contains Outbreak, No Casualties

A swift response by the Nigerian National Petroleum Company Limited (NNPCL) emergency...