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(2022) JELR 109966 (CA)

Court of Appeal  •  CA/OW/87/2022  •  11 May 2022  •  Nigeria

HAMMA AKAWU BARKA, J.C.A. (Presided and Read the Leading Judgment) JOSEPH EYO EKANEM, J.C.A. MOHAMMED MUSTAPHA, J.C.A.


BARKA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the Federal High Court, Umuahia Judicial Division, sitting in Umuahia, the Abia State capital in suit with no. FHC/UM/CS/26/2022, and delivered on the 18th day of March, 2022 coram Evelyn Anyadike, J. By the said judgment allocated at pages 53 - 69 of the record, the lower court after taking arguments from the respective parties, entered judgment for the plaintiff, in the following terms: -

1.I declare that section 84 of the Electoral Act,2022 cannot validly and constitutionally limit, remove, abrogate, disenfranchise, disqualify, and  out the constitutional right or eligibility of any political appointee, political or public office holder to vote or to be voted for at any convention or congress of any political party for the purposes of nomination of such person or candidate for any election, where such person has “resigned, withdrawn or retired” from the said political or public office, at least 3…

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