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Appeal Court Sets Aside Judgement on Section 84(12) Of Electoral Act

The Court of Appeal has set aside the judgment of the Federal High Court in Umuahia on the deletion of section 84(12) of the Electoral Act 2022.

In a judgment on Wednesday in Abuja, a three-member panel of the court headed by Justice Hamma Akawu Barka declared the section as unconstitutional because it violates Section 42 (1)(a) of the Constitution and denied a class of Nigerian citizens their right to participate in an election.

The appeal also held that the court in 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 judgment was on the appeal marked: CA/OW/87/2022 filed by the Peoples Democratic Party.

The Court of Appeal subsequently struck out the suit marked: FHC/UM/CS/26/2022 which Edede filed before the Federal High Court.

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