Court orders Malami to desist from tampering with Section 84(12) of Electoral Act

THE Attorney General of the Federation (AGF) Abubakar Malami has been ordered to desist from taking steps capable of frustrating hearing in an appeal against a Federal High Court judgment which ordered him to delete Section 84(12) of the Electoral Act.

The order was given by Justice Rita Nosakhare Pemu of the Owerri Division of the Appeal Court on Friday, while delivering a ruling in an appeal filed by the Peoples Democratic Party (PDP) against the March 18 judgment of an Umuahia Federal High Court which declared Section 84(12) illegal and ordered the AGF to delete it.

The appeal has one Nduka Edede and the AGF as 1st and 2nd respondents, respectively.

The panel of the Court of Appeal led by Justice Pemu, in its judgment, granted PDP’s request to join as an interested party in the appeal against the Umuahia Federal High Court judgment.

It also ordered the AGF to desist from taking any step to frustrate the hearing of the appeal.

Justice Pemu, in his ruling, said, “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 D.C. Denwigwe for the applicant and Chief Emeka Ozoani, SAN, for the 1st respondent, the order is hereby granted as follows:

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

“Due to the exigencies of this appeal and its constitutional colorisation, there is a need to hear this matter expeditiously.

“Accordingly, the appellant is hereby given up to Tuesday, April 12, 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. Parties should desist from taking any step to frustrate the hearing of the appeal.”

The matter has been adjourned to May 4, 2022, for hearing of the appeal while fresh hearing notice are to be issued to all the respondents.




     

     

    The Federal High Court in Umuahia presided by Justice Evelyn Anyadike had on March 18 declared as invalid and unconstitutional Section 84(12) of the amended Electoral Act.

    Justice Anyadike ordered the Attorney General of the Federation, Malami, to delete the said section from the amended Electoral Act.

    Malami had expressed his readiness to comply with the order by immediately deleting the controversial section.

    Section 84(12) stipulates that serving political appointees cannot participate in the electoral process unless they resign from office.

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