BREAKING: Trouble For Buhari’s Ministers, Others As Appeal Court Sets Aside Judgment Voiding Section 84(12) Of Electoral Act

The Court of Appeal has set aside a judgment of the Federal High Court, Umuahia, which granted the Attorney-General of the Federation, Abubakar Malami, the permission to delete Section 84(12) from the Electoral Act 2022.

The Abia court had earlier declared the section as illegal and a violation of the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

But a three-man panel of the appellate court led by Justice Hamma Akawu Barka held that the Federal High Court lacked jurisdiction to determine the case.

The panel based its decision on the fact that the plaintiff, Nduka Edede, had no locus standi (right to file the court action) as he was not affected by the phrase “political appointee” referred to in that section of the Electoral Act. 

The appellate court subsequently declared the judgement of the Umuahia court as null and void. 

Meanwhile, the judges opined that when examined, Section 84 (12) of the Electoral Act runs contrary to the Nigerian 1999 Constitution which does not bar any Nigerian from participating in any election.

This section states that “No political appointees 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 section bars political appointees such as ministers, commissioners, special advisers, personal assistants in federal and state governments from voting as delegate or being voted for in a political party primary.

Already, some appointees of President Muhammadu Buhari have declared their intention to run for elective offices while still occupying their positions.