Politics
Breaking: Relief For Amaechi, Malami, Minsters, As Appeal Declares Section 84(12) Unconstitutional
By GWG Political Editor
The Court of Appeal 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 but at the same time ruled the provision as unconstitutional.
The immediate interpretation meant a relief for serving ministers in the federal cabinet who failed to resign their appointment before pursing their political aspirations.
GreenWhiteGreen GWG 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, a 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.
The appeal court said the plaintiff lacked the locus standi to have filed the suit in the first place.
Besides, the appellate court said 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.
While determining the appeal on the merit, the appellate court however held that Section 84(12) of the Electoral Act as unconstitutional because it violates Section 42 (1)(a) of the Constitution and denied a class of Nigerian citizens their right to participate in election.
The judgment was on the appeal marked: CA/OW/87/2022 filed by the PDP. The judgmen as such lifted the suspense over the eligibility of the ministers affected.
Editor’s Note: This story has been updated.
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