The court has declared section 84(12) of the Electoral Act, 2022 which made it compulsory for political office holders must firstly resign from office, before they could seek any elective position as unconstitutional.
The contentious Section of the Constitution says, “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 Wednesday, a three-member panel of judges at the Court of Appeal in Abuja led by Justice Hamma Akawu Barka
ruled that the section violates the rights of section of Nigerians.
The court thereafter set aside the judgement of the Federal High court in Umuahia, Abia State, which voided the provision of Section 84(12) of the Electoral Act, 2022.
The court also held that the high court, acted without jurisdiction.