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[JUST IN] Electoral Act: Appeal Court Sets Aside Judgment Voiding Section 84(12)

Published

3 years ago

May 11, 2022

Editor

The Abuja Division of the Court of Appeal on Wednesday set aside the judgment of Justice Evelyn Anyadike of a Federal High Court in Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.

The Appellate Court in a judgment by a three-member panel headed by Justice Hamma Akawu Barka held that the Federal High Court Umuahia had no jurisdiction to have entertained the case because the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first place.

The Appellate Court added that Edede did not establish any cause of action to have warranted his approaching the court on the issue because he did not establish that he was directly affected by the provision.

The Court of Appeal struck out the suit marked: FHC/UM/CS/26/2022 which Edede filed before the FHC in Umuahia.

While determining the appeal on the merit, the Appellate Court however held that the provision was unconstitutional because it violated Section 42 (1)(a) of the constitution and denied a class of Nigerian citizens their right to participate in election.

The judgment was on the appeal marked: CA/OW/87/2022 filed by the Peoples Democratic Party.

Section 84(12) of the Electoral Act provides that, “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.”

The PDP had sued the President, the Attorney General of the Federation, Senate President, Speaker of the House of Representatives and Clerk of National Assembly.

It also sued the Senate Leader, House of Representatives Leader, and the Independent National Electoral Commission as 1st to 8th defendants respectively.

Others include Deputy Senate President, Deputy Speaker of House of Representatives, Deputy Senate Leader, and Deputy Leader of the House of Representatives as 9th to 12th defendants in the matter.

The PDP had challenged the legality or otherwise of the National Assembly tinkering with the Electoral Act, after it had been signed into law by President Muhammadu Buhari.

Amidst debate about the subject matter, a Federal High Court sitting in Umuahia and presided over by Justice Evelyn Anyadike, on March 18, ordered the AGF to delete Section 84(12) of the Act.

Anyadike, in the judgment, held that the section was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.”

Anyadike held that Sections 66(1)(f), 107(1)(f), 137(1)(f), and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election.

News

INEC CVR: CSO Expresses Worry Over Poor Deployment Of Machines, Manpower To LGs In Edo

Published

37 minutes ago

August 29, 2025

Editor

By Joseph Ebi Kanjo

Edo Civil Society Organisations (EDOCSO) has expressed worry over the poor deployment of capturing machines and manpower to Igueben Local Government Area of the state by the Independent National Electoral Commission (INEC) in the ongoing Ongoing Continuous Voters Registration (CVR).

The Coordinator, EDOCSO, Igueben Study Centre, Leftist Enabulele Larry, and Secretary, Leftist Mark Akande expressed the CSO sentiment when the duo visited the INEC headquarters in Igueben where the CBR in the local government is taking place.

In a statement made available to INFO DAILY on Friday, the leadership of EDOCSO, Igueben Study Centre condemned the “use of only two capturing devices in a local government with over 69, 396 in population.”

The duo noted in the statement that their findings at the INEC headquarters revealed two capturing machines were deployed to each local government across the 18 local government areas of the state.

The civil society members said INEC excuse of deploying two capturing machines to each local government was not germane enough because many do not have a computer or android phone to do the online registration INEC gave as an excuse.

“The question here is, what is the percentage of our people mostly the aged individuals, that have access to Android mobile and other internet gadgets in Edo state?

“How many people can afford internet data to enable them have access internet services in Edo state under the current excruciating economic pains by the people?

“How many of the Edo people can even manipulate the Android mobile phone to the extent of navigating the internet hurdles to undertake the job is INEC? If INEC is not ready for the job, they should tell Nigerians.

“If citizens are now advised to individually undertake the statutory job of INEC, of what purpose does the commission serve to the people? etc,” they said.

As at when filing this report, INFO DAILY was yet to get a reply from the message sent to the INEC in Edo for reaction.

News

Edo Sports Commission Boss Celebrates Okpehbolo On Birthday

Published

6 hours ago

August 29, 2025

Editor

The Executive Chairman of the Edo State Sports Commission, Hon. Amadin Desmond Enabulele, has felicated with Governor Monday Okpebholo, on the occasion of his birthday.

In a statement issued on Friday by his Media Officer, Edoko Wilson Edoko, Enabulele Okpebholo as a visionary leader whose dedication to the growth and development of the state has continued to inspire confidence and admiration across all sectors, especially sports.

Enabulele, who highlighted the governor’s unwavering commitment to youth empowerment through sports development, noted that under his leadership, Edo State has witnessed significant strides in grassroots sporting initiatives and infrastructure.

“His Excellency, Senator Monday Okpebholo, is not just a political leader but a beacon of hope for the younger generation.

“His passion for excellence and inclusive governance is evident in the way he has continued to support policies that uplift our youths and promote sporting excellence,” the statement read.

The Executive Chairman prayed for long life, good health, and continued wisdom for the governor as he steers the affairs of the state towards greater prosperity.

“On behalf of the entire Edo State Sports Commission, I extend our warmest birthday wishes to His Excellency at 55. May this new chapter of his life be filled with more accomplishments and divine grace,” he added.

News

Oba Of Benin Suspends Palace Chiefs

Published

16 hours ago

August 28, 2025

Editor

The Oba of Benin, Ewuare II, has suspended two of his chiefs for falling for dereliction of duties.

This was contained in a statement signed by the Secretary to the Benin Traditional Council (BTC), Frank Irabor and made available to journalists in Benin City.

He said their suspension was as a result of their long absence from the palace, resulting in their failure to carry out their palace responsibilities.

The suspended persons are: Chief John Igiehon, the Izuwako of Benin and chief Aimiukpomonyako Oghogho (Ebengho), the Oyenmwensoba of Benin.

“The under-mentioned two (2) chiefs have been suspended from the Palace of the Oba of Benin.

“This is as a result of their long absence from the Palace, resulting in their failure to carry out their Palace responsibilities.

“The public is advised to be wary of unscrupulous chiefs that are no longer functioning in the Palace. His Royal Majesty has approved their _ Suspension and directed the public be duly informed.

“The names of the chiefs are: – ; 1. CHIEF JOHN IGIEHON, THE IZUWAKO OF BENIN and, _ 2 CHIEF AIMIUKPOMONYAKO OGHOGHO (EBENGHO), THE OYENMWENSOBA OF BENIN”, the statement said.