A three-member panel of the court headed by Justice Hamma Akawu Barka held that the Federal High Court Umuahia had no jurisdiction to entertained the case because the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first place.
The appellate court added that Edede did not establish any cause of action to have warranted his approaching the court on the issue because he did not establish that he was directly affected by the provision. The Court of Appeal struck out the suit marked: FHC/UM/CS/26/2022 which Edede filed before the Umuahia court.
While determining the appeal on the merit, the appellate court, however, held that the provision is unconstitutional because it violates Section 42 of the Constitution and denied a class of Nigerian citizens their right to participate in elections.
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