Court Order Nullifying S.84(12) of the Electoral Act 2022

Court Order Nullifying S.84(12) of the Electoral Act 2022

Click to download the Court Order Nullifying S.84(12) of the Electoral Act, 2022

Copy of the Court Order Nullifying S.84(12) Electoral Act 2022 in the case Chief Nduka Edede V. Attorney General of the Federation (AGF) with Suit No. FHC/UM/CS/26/2022.

The Federal High Court (Justice Evelyn Anyadike) sitting in Umuahia held that Section 84(12) Electoral Act was unconstitutional, invalid, illegal, null, void and of no effect whatsoever. Hence the court struck down as it cannot stand in violation of the provisions of the Constitution. The Court also ordered the AGF to delete the Subsection 12 of Section 84 from the new Electoral Act 2022.

Click to download the Court Order Nullifying S.84(12) of the Electoral Act, 2022

The Court held that Sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the Constitution of Nigeria 1999 already provided that the appointees of government contesting elections are only to resign at least 30 days to the day of their election. Hence, that any other law that demands the appointees to resign or leave office at any other time before that was unconstitutional, invalid, illegal, null and void to the extent of its inconsistency to the Constitution of Nigeria.

Click to download the Court Order Nullifying S.84(12) of the Electoral Act, 2022

Click the link to download a copy of the PDP V. Chief Nduka Edede & AG Federation

Click to download a copy of the the President of Nigeria V. National Assembly & 2 Others

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