The Court of Appeal Abuja Division has set aside the judgment of the Federal High Court in Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.
While delivering judgment on Wednesday, the three-member panel headed by Justice Hamma Barka held that the Federal High Court, Umuahia, had no jurisdiction to have entertained the case as the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first instance.
The court added that Mister Edede did not establish any cause of action to have warranted him approaching the court on the issue because he did not establish that he was directly affected by the provision. The Court of Appeal struck out the suit which Edede filed before the Umuahia court.
Determining the appeal the appellate court, however, held that the provision is unconstitutional because it violates Section 42 (1a) of the Constitution and denied a class of Nigerian citizens their right to participate in an election.