The Court of Appeal in Owerri, Imo State, has set aside the order deleting Section 84(12) of the Electoral Act, 2022.
Justice Hamma Akawu Barka in the judgement, which was delivered in Abuja on Wednesday, held that the original applicant, Nduka Edede, lacked the locus standi to Institute the suit.
The appellate court held that the situation robbed the high court of the jurisdiction to hear the matter.
However, in the judgement, Justice Barka invoked the constitutional powers of the appellate court, on the substantive matter, to declare that Section 84 (12) was unconstitutional.
The Peoples Democratic Party (PDP) had filed the appeal challenging the judgment of the Federal High Court in Umuahia which nullified Section 84 (12) of the Electoral Act on the grounds that it was unconstitutional.
Meanwhile, the appellate court advised parties with the requisite interest in the matter to seek further interpretation.
Section 84(12) of the Electoral Act, 2022, mandated political office holders to resign from office, before they could vie for any elective position or vote in the party convention.
It reads, “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.”
