Court stops AGF, others from frustrating appeal against judgment on Electoral Act
• Grants PDP nod to appeal verdict against Section 84(12)
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 the judgment of a Federal High Court, which ordered the removal of Section 84(12) from the Electoral Act.
This was as the appellate court granted a nod to the Peoples Democratic Party (PDP) to join as a person interested in an appeal against the High Court judgment, which voided and struck down the controversial section.
PDP was granted 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.
In an enrolled order of the Court of Appeal obtained, yesterday, in Abuja by our correspondent and 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, a Senior Advocate of Nigeria (SAN).
The appeal, marked, CA/OW/87/2022, has Chief Nduka Edede and the AGF as 1st and 2nd respondents, respectively.
The enrolled order reads 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 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 is adjourned to May 4, 2022, for hearing of the appeal. Fresh hearing notice to be issued on the 2nd to the 12th respondents.”
A Federal High Court, Umuahia division, had on March 18 declared as invalid and unconstitutional Section 84(12) of the amended Electoral Act.
Justice Evelyn Anyadike ordered the Attorney General of the Federation to delete the said section from the amended Act.