Electoral Act: Court of Appeal okays PDP appeal against FG | Dailytrust

Electoral Act: Court of Appeal okays PDP appeal against FG

The Court of Appeal in Owerri has granted the appeal by the Peoples Democratic Party (PDP) challenging the order removing Section 84(12) of the Electoral Act.

The court also ordered the Attorney General of the Federation (AGF), Abubakar Malami (SAN) and others not to take steps capable of frustrating the appeal against the judgment of the Federal High Court on the Electoral Act. 

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An enrolled order of the Court of Appeal obtained by journalists on Sunday confirmed that the order was made by the Presiding Justice of the court, Justice Rita Noshakhare Pemu, following the submissions of its counsel, D. C. Denwigwe (SAN). 

The appeal marked CA/OW/87/2022 has Chief Nduka Edede and the Attorney General of the Federation as the 1st and 2nd respondents respectively.

“Accordingly, the appellant is hereby given up to Tuesday 12th of April, 2022 to file its notice of appeal and the parties are to file their respective briefs of arguments within three days from the date of service of the notice and record of appeal on the respondents.

“There shall be a further three days given to the appellant to file a reply. Parties should desist from taking any step to frustrate the hearing of the appeal. The matter is adjourned to the 4th of May, 2022, for the hearing of the appeal,” she ruled.

A Federal High Court in Umuahia had on March 18 declared as invalid and unconstitutional Section 84(12) of the amended Electoral Act.

Justice Evelyn Anyadike in the judgment ordered the Attorney General of the Federation to delete the said section from the amended Electoral Act.

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.”

The high court, which ordered that the section be struck out, held that sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that government appointees seeking to contest elections are to resign at least 30 days before the election.

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