Journalism of Courage

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

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.

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.

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