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.
Section 84(12) of the Electoral Act provides that;
No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.
A three-member panel headed by Justice Hamma Barka while delivering judgement on Wednesday held that the Lower court had no jurisdiction to have entertained the case.
Recall that a court in Umuahia had declared invalid and unconstitutional section 84(12) of the amended Electoral Act and ordered the Attorney General of the Federation to delete it.
Reacting, PDP sued the President, the Attorney General of the Federation, Senate President, Speaker of the House of Representatives and Clerk of National Assembly.
It also sued the Senate Leader, House of Representatives Leader, and the Independent National Electoral Commission as 1st to 8th defendants respectively.
Giving its ruling today, the appellate court held that Nduka Edede, the plaintiff lacked the locus standi to have instituted the suit.
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Others include Deputy Senate President, Deputy Speaker of House of Representatives, Deputy Senate Leader, and Deputy Leader of the House of Representatives as 9th to 12th defendants in the matter.
PDP challenged the legality or otherwise of the National Assembly tinkering with the Electoral Act, after it had been signed into law by President Muhammadu Buhari.
The Court of Appeal struck out the suit which Edede filed before the Umuahia court.
