A Lagos-based lawyer, Mr Worer Obuagbaka, has explained why the Court of Appeal, Abuja, cannot declare the provision of section 84(12) of the Electoral Act unconstitutional.
Worer, noted that the Court of Appeal may be expressing its opinion.
He asserted that the Court of Appeal, having set aside the judgment of the Federal High Court, FHC, Umuahia, for lack of jurisdiction, cannot deliver a ruling on the same.
He noted that the media report on Wednesday’s ruling by the Court of Appeal, Abuja, may not be the proper details, hence requesting a certified true copy of the court for more reaction.
In his words: “This may not be the proper report of the judgment. One needs to read the certified true copy of it to know what actually transpired at the Court.
“However going by the report, I believe that the Court of Appeal has restored the provision of section 84(12) of the Nigerian Electoral Act 2022.
“The Court of Appeal, having set aside the judgment of the Federal High Court Umuahia, for lack of jurisdiction , cannot deliver a ruling on same. A court of law cannot approbate and reprobate on the same issue. In fact , you cannot put something on nothing and expect it to stand.
“Therefore, the Court of Appeal cannot declare the provision of section 84(12) of the Electoral Act unconstitutional. The Court may be expressing its opinion, which is not law.”
TheNewsGuru.com (TNG) had reported that the Court of Appeal, On Wednesday, ruled that Section 84(12) of the Electoral Act is unconstitutional and that it violates Section 42 (1)(a) of the Constitution of the Federal Republic of Nigeria.
According to the Court of Appeal ruling, Section 84(12) of the Electoral Act denies a class of Nigerian citizens their right to participate in an election.
TNG reports that Section 84(12) provides that political appointees of the president and governors cannot partake in party primary elections.
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