A Court of Appeal in Nigeria’s capital, Abuja, on Wednesday, voided an earlier judgement by a Federal High Court that nullified a controversial section in the country’s Electoral Act 2022 which bars political appointees from seeking elective office or voting as delegates in party primaries unless they resign from their positions.
The contentious section of the Electoral Act, Section 84(12), stipulates 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.”
The Wednesday ruling by the Abuja Division of the Court of Appeal set aside an earlier judgment on
March 18 by Justice Evelyn Anyadike of a Federal High Court in Umuahia, Abia State in South-East Nigeria, which voided the provision of Section 8412) of the Electoral Act.
The appellate court in a judgment by a three-member panel headed by Justice Hamma Akawu Barka, held that the Umuahia division of the federal court had no jurisdiction to have entertained the case instituted by a plaintiff, Nduka Edede, arguing that the plaintiff lacked the locus standi to have filed the suit in the first place.
The Appeal Court added 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.
In delivering its judgment, the three-member panel of the appellate court headed by Justice Hamma Barka, held that the Umuahia court lacked jurisdiction to have adjudicated on the suit.
Nigeria’s main opposition party, the Peoples Democratic Party, PDP, had brought an ex-parte application before a Federal High Court in Abuja challenging a directive given to the National Assembly by President Muhammadu Buhari to remove the section of the Electoral Act.
The PDP had sought an order of the court restraining the National Assembly from effecting President Muhammadu Buhari’s request to remove section 84 (12) from the Electoral Act.
The PDP had 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.
Following the application, Justice Iyang Ekwo of the federal high court on March 7, had given a ruling restraining the President, the Attorney-General of the Federation, Abubakar Malami and the Senate President Ahmad Lawan from tampering with the 2022 Electoral Act which was signed into law early in the year.