Electoral Act: Court Frowns At AGF, Others’ Attempts To Frustrate Appeal

• A Federal High Court, Umuahia division had on March 18 declared as invalid and unconstitutional section 84 (12) of the amended Electoral Act

• President Muhammadu Buhari had on February 25 assented to the Electoral Act 2022 but however, objected to the provision of Section 84 (12)

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EKO HOT BLOG reports that the Court of Appeal has ordered the Attorney General of the Federation (AGF) and others to desist from taking steps capable of frustrating hearing in an appeal filed against judgment of a Federal High Court which ordered removal of section 84 (12) from the new Electoral Act.

This is as the appellate court granted nod to the Peoples Democratic Party (PDP) to join as person interested in an appeal against the high court judgment which voided and struck down section 84 (12) of the Act.

PDP was granted the permission by the Owerri division of the Appeal Court to file its appeal as an interested person against the decision of the Federal High Court, Umuahia, on the order for removal of the section from the Electoral law.

In an enroll order of the Appeal Court signed by the Presiding Justice of the court, Justice Rita Noshakhare Pemu, the leave granted PDP to file an appeal was occasioned by submissions of its counsel, D.C Denwigwe (SAN).

The appeal marked CA/OW/87/2022 has Chief Nduka Edede and the Attorney General of the Federation AGF as the 1st and 2nd respondents respectively.

“The enroll order read in part ” Upon reading the application herein filed on 23-3-2022 with an affidavit in support sworn to by John Eronini on the same date and after hearing DC Denwigwe SAN for the applicant and Chief Emeka Ozoani SAN for the 1st respondent, order is hereby granted as follows;

“Leave is hereby granted the applicant (PDP) to appeal as person interested in this appeal CA/OW/87/2022.

“Due to the exigencies of this appeal and its Constitutional colorization, there is need to hear this matter expeditiously.

“Accordingly, the Appellant is hereby given up to Tuesday 12th of April, 2022 to file its notice of Appeal and the parties are to file their respective briefs of arguments within three days from the date of service of the notice and record of Appeal on the respondents.

There shall be a further three days given to the appellant to file a reply.

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“Parties should desist from taking any step to frustrate the hearing of the appeal.

“The matter is adjourned to the 4th of May, 2022, for the hearing of the appeal.

“Fresh hearing notice to be issued on the 2nd to the 12th respondents”.

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