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Appeal nullifies judgement of lower Court on election sequence

The Court of Appeal in Abuja on Wednesday reversed the judgment by the Federal High Court, Abuja which voided Section twenty-five in the Electoral Act, Amendment, Bill 2018, which sought to dictate the sequence of the next general elections.

Justice Ahmed Mohammed of the Federal High Court, Abuja had, in a judgment on April twenty-five, upheld a suit by Accord Party, to the effect that the National Assembly attempted to usurp the exclusive power of INEC by seeking to dictate the sequence of elections.

However, in a judgment on an appeal by the National Assembly, a five-man panel of the Court of Appeal, led by the court’s President, Justice Zainab Bulkachuwa set aside the April twenty-five judgment by Justice Mohammed.

Justice Bulkachuwa, in the lead judgment, said the Federal High Court was without jurisdiction to hear the suit in the first place, because the suit was premature.
The court said the provision of a Bill could not be challenged in court until it becomes an Act.

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