Controversy As Judge Denies Nullifying Abia Gov Election

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There is confusion as a Federal High Court in Kano denied nullifying the candidature of the Abia Governor-elect, Dr Alex Otti, but nullified the election of the candidates for Kano State Labour Party (LP) that contested during the 2023 General Election.

Ibrahim Haruna-Ibrahim had filed an application asking the court to revoke and set aside the certificate of return issued to all LP candidates declared winners in Kano and the 35 states of the Federation, including the FCT, Abuja.

However, presiding judge, Justice Nasir-Yunusa affirmed that the candidates in Abia State who took part in the just-concluded general elections were not parties in the suit.

Nasir-Yunusa said the court declared only the primary election of the Labour Party in Kano State null and void.

“This court lacks jurisdiction to make an order for the issuance of certificate of return.

“They are at liberty to seek redress in the appropriate division of the court,” he said.

He said INEC was bound to insist receiving the registered members of the first respondent and that of other political parties 30 days before primary election in compliance with section 77(3) of the electoral act 2022.

Meanwhile, the media was awash on Friday with the news of how Dr. Alex Otti, Governor-elect of Abia State and all the candidates of the Labour Party in Kano and other states for allegedly failing to comply with the provisions of the 2022 Electoral Act.

The Court in Suit No FHC/ KN/CS/107/2023 filed by Mr. Ibrahim Haruna Ibrahim against the Labour Party (LP) and the Independent National Electoral Commission (INEC) ruled that the failure of the Labour Party to submit its membership register to the INEC within 30days before their Primaries renders the process invalid.

“The party that has not complied with the provisions of the Electoral Act cannot be said to have candidate in an election and cannot be declared winner of an election this being so, the votes credited to the 1st defendant is a wasted Vote as the decision of the Supreme Court,” the Judge ruled.

But the Labour Party has dismissed the said judgment as a waste of time.

Inibehe Effiong, a human rights lawyer, described the said judgment as shocking, saying the judgement cannot stop the swearing-in of Alex Otti on May 29.

Through his verified twitter handle: @InibeheEffiong, Inibehe Effiong wrote: “based on this Judgment Order, this case was filed on the 11th day of May, 2023.

“Alex Otti emerged as the gubernatorial candidate of LP during primaries held in June 2022. Section 285 of the Constitution states that all pre-election matters must be filed within 14 days of event.

“A case relating to election is either a pre-election matter or a post-election matter (election petition).

“If the case filed by Ibrahim Haruna Ibrahim at the Federal High Court in Kano was/is a pre-election matter, it should have been filed within 14 days of the primaries.

“How can a court assume jurisdiction in a matter that is indisputably statute barred? This is shocking.”