Electoral Act 2022: Abuja Judge Adjourns PDP’s Case Over Appeal Court’s Decision

…FG Heads To Supreme Court

Hearing in the suit filed by the Peoples Democratic Party on the Electoral Act 2022 at the Federal High Court sitting in Abuja could not proceed on Monday due to an Appeal Court judgment on the same issue.

THE WHISTLER reported the Court of Appeal sitting in Abuja had on May 11 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.

But the appellate court also held that if a proper party had filed the suit at the lower court, that the section could have been struck out for contravening the 1999 constitution.

The President Muhammadu Buhari administration had on April 29 asked the Supreme Court to declare that Section 84 (12) of the Electoral Act 2022 disqualifying a political appointee from being a voting delegate or to be voted for at a convention or Congress of any political party for the purpose of the nomination of candidates for any election is discriminatory, inconsistent with and in violent breach of the provisions of Section 42 of the 1999 Constitution as amended.

The apex court is yet to decide on that.

Recall that the PDP had on March 7 obtained a restraining order by Justice Inyang Ekwo that the National Assembly should not tamper with the Electoral Act.

When the main suit was called for hearing on Monday, Justice Ekwo said before the matter could proceed, he would need briefing on the bearing of the Appeal court judgement.

Subsequently, he adjourned to May 24 for lawyers to address him on the appellate court’s decision which will guide his judgment in line with judicial precedence.