A’court to AGF: Desist from frustrating case challenging ruling on deletion of section 84(12)

The court of appeal has warned Abubakar Malami, attorney-general of the federation (AGF), against taking steps to “frustrate” a suit challenging the ruling on deletion of section 84(12) of the electoral act.

President Muhammadu Buhari had, on February 25, assented to the electoral act amendment bill.

He had, however, asked the national assembly to delete section 84(12) of the act, which reads: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

On March 18, a federal high court in Umuahia, the Abia capital, had ordered the AGF to immediately delete the aforementioned section on the grounds that it violates the provisions of the constitution.

Reacting to the court’s decision, the AGF had said he would ensure compliance with the judgment.

According to The Nation, on April 7, a three-member panel of the appeal court, led by Rita Nosakhare Pemu granted the Peoples Democratic Party (PDP) permission to file a suit, as an interested party, against the March 18 judgment.

The court also granted accelerated hearing in the appeal.

The ruling was on a motion marked: CA/OW/87/2022 filed by the PDP, with Nduka Edede, a lawyer and member of Action Alliance (AA), and the AGF listed as respondents.

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

“Due to the exigencies of this appeal and its constitutional colourisation, there is a 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.

“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.”