Appeal Court has stopped the Attorney-General of the Federation and Minister of Justice Abubakar Malami, SAN and others from frustrating the hearing of an appeal against a judgment mandating the Attorney-General to delete Section 84 sub-section 12 from the Electoral Act 2022.
A three-member panel, led by Justice Rita Nosakhare Pemu, in a verdict, granted the People’s Democratic Party, PDP permission to appeal, as an interested party, against the March 18, 2022 judgment by Justice Justice Evelyn Anyadike of the Federal High Court in Umuahia, Abia state.
The Appellant Court made the order in a judgment delivered at the Owerri Division on April 7 and also granted an accelerated hearing in the appeal.
The ruling was on a motion filed by the PDP, with Nduka Edede (plaintiff in the suit decided by Justice Anyadike) and the Attorney-General of the Federation as respondents.
It would be recalled that Justice Anyadike had in the March 18 judgment in the suit by Edede, held that Section 18 seb-section of the amended Electoral Act is unconstitutional and should be struck down. She also held that any other law that mandates such appointees to resign or leave the office at any time before the 30 days provided in the Constitution was unconstitutional and void to the extent of its inconsistency with the clear provisions of the Constitution.