The Court of Appeal sitting in Abuja on Wednesday 11th May, 2022 set aside the judgement of the Federal High Court in Umuahia, Abia State that voided Section 84(12) of the 2022 Electoral Act The Trumpet gathered.
The judgement was given by a three man panel headed by Justice Hamma Akuwa Barka. The judgement held that, the Umuahia Federal High Court had no jurisdiction whatsoever to entertain the matter giving the reason as the fact that the plaintiff, one Nduka Edede had no locus standi to file the suit.
In determining the appeal marked CA/OW/87/2022 on merit, the Federal High Court held that the provision is unconstitutional as it violates Section 42(1)(a) of the Constitution of the Federal Republic of Nigeria and denied a particular class of citizens of the Federal Republic of Nigeria their constitutional right to participate in the electoral process.
Additionally, the court held that Nduka Edede did not establish any course of action that would have warranted him approaching the court on the matter because he never established that he was affected directly by the provision of the Act.
The suit labelled FHC/UM/CS/26/2022 was struck out.