• Court reportedly orders sack, as judge denies issuing order
From Desmond Mgboh, Kano, Vincent Kalu, Lagos and Okey Sampson, Umuahia
There was confusion on Friday over the status of a purported judgement allegedly nullifying the candidature of Abia State governor-elect, Dr Alex Otti.
But shortly after the announcement of the purported judgement, the judge denied ever giving such ruling.
A Federal High Court sitting in Kano had on Friday reportedly nullified the validity of the candidates of the Labour Party in both Kano and Abia States in the just concluded 2023 general elections.
The court, presided over by Justice MN Yunusa, granted the order following a case filed by one Ibrahim Haruna Ibrahim against the Labour Party and the Independent National Electoral Commission (INEC).
The order was sequel to an originating summon, dated May 11 2023, which asked the court to invalidate the primary election conducted by the Labour Party on grounds that it was at variance with the provisions of the 2022 Electoral Act.
Justice Yunusa acceded to the prayers of the respondent that the 2nd defendant, INEC was bound to have insisted on receiving the register of the members of 1st defendants in both hard and soft copies in Kano State and the rest of the 35 states of the Federation and in the FCT within 30 days before the conduct of the party’s primary election.
He also agreed that the failure of the 1st defendant to submit its membership register to INEC within 30 days before its primary was a breach of the provision of Section77(3) of the 2022 Electoral Act.
He held that the primary election conducted by the 1st defendant as a result of its failure to comply with the provisions of the Electoral Act could not produce a qualified candidate for the general election on the February 25 and on March 18 2023 respectively for all the elective positions in Kano and Abia States
He therefore ruled that the votes cast for all the candidates of the 1st defendant in Kano State and Abia State were wasted votes.
But also on Friday, a report by the News Agency of Nigeria (NAN) said the Federal High Court sitting in Kano has denied nullifying the candidature of the Abia governor-elect, Dr Alex Otti.
The court, however, said it nullified the election of the candidates for Kano Labour Party(LP) that contested during the 2023 General Election and.
Justice Muhammad Nasir-Yunusa, said the candidates who participated in the 2023 general election in Abia were not parties before his court.
“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.
The section states that a party that has not complied with the section 77(2)(3) of the electoral act 2022 cannot be declared winner of the election. The court declared the primary election of LP in Kano as null and void,” Justice Nasir-Yunusa said.
Meanwhile former Abia State Attorney General, Chief Umeh Kalu, SAN, has said that the purported judgement that nullified the candidature of the Abia State governor-elect, Dr. Alex Otti, lacks substance, assuring that, “there is no cause to worry.”
According to him, it is a global judgement with or no specific to Abia State, noting that, “ apart from that it’s academic and lacking in substance; candidates of Labour Party in Abia do not suffer any injury arising out of this judgement.
Also Special Adviser (Media and Publicity) to Dr. Alex Otti, Ferdinand Ekeoma has said his principal was not sacked by any court of law.
In a statement Ekeoma signed, Ekeoma specifically drew attention to a portion of the judgment and said, “the court specifically stated in Clause 9 of the judgment: ‘The candidates that participated in the election in Abia state are not parties before this court and as such the court lacks the jurisdiction to make an order for the issuance of Certificate of Return to them”
Ekeoma said though the perpetrators targeted the Abia Governor-Elect and the people of Abia for what he described as a legal coup, they were not courageous enough to confront Otti in the open, hence he was never joined as a party for fear that his lawyers would take the perpetrators to the cleaners.