The Court of Appeal sitting in Abuja has taken a decision on the provision of Section 84(12) of the Electoral Act 2022.
Naija News recalls that the Federal High Court in Umuahia had in a judgement, voided the provision of Section 84(12) of the Electoral Act 2022.
The court in a judgment delivered by Justice Evelyn Anyadike held that the section was unconstitutional, invalid, illegal, null, void and of no effect.
In a ruling on Wednesday, the appellate court set aside the judgment of the lower court in Umuahia which voided the provision of the controversial section of the Electoral Act.
According to the unanimous ruling by a three-member panel of the court headed by Justice Hamma Akawu Barka, the lower court had no jurisdiction to have entertained the case and the suit lacked merit.
However, the appellate court added that the provision is unconstitutional because it violates Section 42 (1)(a) of the Constitution and denied a class of Nigerian citizens their right to participate in the election.
The court of appeal ruled that the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first place and struck out the suit filed before the Umuahia court.
The appellate 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.
It, however, referred the appeal on Section 84(12) of the Electoral Act 2022 to Supreme Court for interpretation.
The appellate court ruled that the appeal is a constitutional matter which only the apex court can resolve.