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From Godwin Tsa, Abuja.
The legal battle over section 84(12) of the new Electoral Act has taken another dimension with the order of the Court of Appeal, directing the Attorney General of the Federation (AGF) and others not to frustrate the hearing in an appeal filed against judgment of a Federal High Court on the subject matter.
Meanwhile, the appellate court sitting in Owerri division has given the Peoples Democratic Party (PDP) the permission to join in the legal battle as an interested party.
The appeal is challenging the judgment of the Umuahia division of the Federal High Court voided and struck down section 84 (12) from the Act.
In an enrol order of the Court of Appeal signed by the Presiding Justice of the court, Justice Rita Noshakhare Pemu, the leave granted PDP to file an appeal was occasioned by submissions by 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 the first and second respondents, respectively.
The enrol order read 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 DC Denwigwe SAN for the applicant and Chief Emeka Ozoani SAN for the first respondent, 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, 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 May 4, 2022 for the hearing of the appeal.
