Follow Us on Google
By Vincent Kalu
The former Abia State Attorney General and Commissioner for Justice, Chief Umeh Kalu, SAN, has said that the judgement of a Federal High Court, Kano State, 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.
“The law recognises that suit could be filed as pre-election matter; prior to the election, any suit challenging the eligibility of a candidate, issue of membership or whatever thing that has to do with pre-election, Section 285 of the Constitution is very clear as to the time limit for filing issues arising out of pre-election matters. You have only 14 days to file.
“Now, the suit in question was instituted on the 11th of May, 2023. The elections in Abia took place on May 25,2023 and March 18, 2023. This suit was filed several months after the election. The only way or arena to challenge an election is the election tribunal. Once election is concluded, you cannot be talking of pre-election or post election suit. This is the reason the judgement is academic and of no moment.
“The only place you can challenge anybody’s election is the election tribunal, and only candidates who took part in that election can approach the tribunal. As a lawyer, a judgment is a judgment no matter how it is and that is why would go further to set it aside for whatever it worth; we can’t disregard it.
“That judgement cannot stop the swearing in of Alex Otti or the inauguration of our members who were successful in the senate, House of Representatives of the Houses of Assembly. It is not injurious to us, we will appeal that judgement and set it aside. We won’t leave it hanging. No court at the moment can stop the inauguration of Otti on May 29.”
