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Appeal Court restrains Malami over execution of Electoral Act amendment judgement

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The Court of Appeal has ordered Attorney-General of the Federation (AGF), Abubakar Malami, and others to suspend the execution of the judgement of the Federal High Court which struck down section 84 (12) of the newly amended Electoral Act.

Mr Malami, had shortly after the Federal High Court in Umuahia, Abia State, delivered the judgement on March 22, foreclosed possible appeals by vowing to promptly enforce the verdict.

But the Owerri Division of the Court of Appeal has now issued an order putting the execution of the High Court’s decision on hold, The Nation Newspaper reports.

According to the newspaper, a three-member panel of the appellate court led by Rita Pemu, made the order in a ruling granting a request by the People Democratic Party (PDP) to be joined as a party to the appeal challenging the March 18, 2022 judgement of the Federal High Court.

The appellate court, in its ruling, ordered parties to refrain from taking steps capable of frustrating pending appeal against the contested judgement.

“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 1st respondent, order is hereby granted as follows;

“Leave is hereby granted the applicant (PDP) to appeal as person interested in this appeal CA/OW/87/2022.

“Due to the exigencies of this appeal and its Constitutional colorization, there is 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.

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