Wednesday’s decision of the Court of Appeal, Abuja Division, on Section 84(12) Of Electoral Act, saying “they were in error to have held that the claimant had no locus standi to have brought the action”.Senior Advocate of Nigeria, Mr Adekunle Oyesanya, has faulted
While delivering judgment on Wednesday, the three-member panel headed by Justice Hamma Barka held set aside the judgment of the Federal High Court in Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.
The Court of Appeal held that the Federal High Court, Umuahia, had no jurisdiction to have entertained the case as the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first instance.
The court added that Mister Edede did not establish any cause of action to have warranted him approaching the court on the issue because he did not establish that he was directly affected by the provision.
The Court of Appeal then struck out the suit filed by Edede, but referred the appeal against the Federal High Court judgement to the Supreme Court for interpretation.
Reacting to the development, the senior advocate said: “With the greatest respect to Their Lordships of the court of appeal, they were in error to have held that the claimant had no locus standi to have brought the action.
“The Supreme court has laid it down in a number of cases, including FAWEHINMI V BABANGIDA( 2003) that every citizen has a right to bring an action that challenges the constitutionality of a statute.
“However, the Court, in my opinion, was right in striking down section 84(12) of the Electoral Act. That section fails the test of being consistent with the constitution.