The Federal High Court sitting in Kano, presided over by Justice M N Yunusa, on Friday nullified the candidature of Alex Otti as Governor-elect for Abia State and all the candidates of LP in Abia and Kano States.
The court ruled that their emergence wasn’t in compliance with the provisions of the 2022 Electoral Act.
A copy of the judgement delivered by the court was obtained Friday.
However, a legal luminary has said that the Kano Court judgement against LP Candidates was inconsequential as Alex Otti was not a party to it.
A former Attorney General of Abia State and Commissioner for Justice, Chief Umeh Kalu (SAN), dismissed the High Court judgement sacking candidates elected under the platform of the Labour Party (LP), describing it as “inconsequential".
Justice M N Yunusa of Kano High Court, on Friday said the Labour Party failed to comply with the provisions of the 2022 Electoral Act in nominating its candidates.
The Court in Suit No FHC/KN/CS/107/2023 filed by Mr Ibrahim Haruna Ibrahim against the Labour Party and the Independent National Electoral Commission ruled that the failure of the Labour Party to submit its membership register to the Independent National electoral commission 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 a 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.
Reacting to the judgement, Chief Umeh Kalu, the Abia State Coordinator of the Obi/Datti Presidential Campaign Organization, described the judgement as inconsequential and dead on arrival.
He said: “The judgement is inconsequential and dead on arrival. It is dead on arrival because Alex Otti is not a party to the suit. I have seen the judgement. You cannot make an order to anybody that is not a party before you. The issues they raised there are the same thing they raised at the tribunal.
They said that the membership register of the Labour Party (LP) was not submitted 30 days before— and— all these issues were raised at the tribunal. Elections have come and gone; candidates accepted by INEC, elections conducted, results declared. Any issue that has to do with that election, the only arena for it is the election tribunal. The issue they raised is pre- election matter.
“But, even on the merit, the Kano case is dead on arrival. You cannot shave anybody’s head in his absence. Alex Otti’s name was not mentioned in that judgement even though I think he is the target.”…
Alex Otti - No Cause For Alarm
No Cause For Alarm, My Inauguration Ongoing As Planned – Abia Gov-elect, Otti Reacts
Otti said arrangements for his swearing-in on May 29 were in full gear as planned, declaring that the antics of the enemies of democracy cannot truncate the will of Abians.
Abia Governor-elect, Dr Alex Otti, has reacted to his purported sack by a Federal High Court in Kano.
He urged Abians not to express fear as there was no cause for alarm over the kangaroo judgement.
Otti who spoke with Vanguard in Abia, said arrangements for his swearing- in on May 29 were in full gear as planned, declaring that the antics of the enemies of democracy cannot truncate the will of Abians.
This is as the Labour Party has dismissed the said judgment as a waste of time.
Lawyers React
Too late – Lawyer reacts as court nullifies Alex Otti’s candidature, all LP candidates in Abia, Kano
A human rights activist, Festus Ogun, has reacted to the Federal High Court ruling which nullified the candidature of the Abia State Governor-elect, Dr Alex Otti and all the candidates of the Labour Party in Abia and Kano states.
Reacting, Ogun, in a tweet via his Twitter handle, branded the court’s judgement as too late, adding that Otti and other LP candidates have been duly elected.
“Too late. They have been duly elected,” Ogun tweeted.
“This judgement cannot affect their emergence in any way and cannot be a ground to challenge their emergence at the Tribunal.”
Tanko Yunusa Reacts
It Won’t Stand – Peter Obi’s Spokesman Yunusa Reacts To Nullification Of Otti’s Victory
However, Yunusa said there is no cause for alarm because the legal team of the Labour Party is already working to appeal the judgement.
The chief spokesperson of Peter Obi, the presidential candidate of the Labour Party, Tanko Yunusa, has said that the Federal High Court judgement nullifying the candidature of Alex Otti, the Governor-elect of Abia State, will not stand.
Yunusa, speaking exclusively to DAILY POST on Friday, explained that the court lacks jurisdiction to hear the electoral matter.
Details emerged on Friday that a Federal High Court sitting in Kano nullified Otti’s candidacy and all the candidates of the Labour Party in Abia and Kano States because their emergence was not in compliance with the provisions of the 2022 Electoral Act.
However, Yunusa said there is no cause for alarm because the legal team of the Labour Party is already working to appeal the judgement.
He said the judgement is the work of the opposition party, noting that the will of Abians will stand.
“The judgement will not stand because the Federal High Court lacks jurisdiction to entertain an electoral matter. It is within the jurisdiction of the electoral tribunal. I believe this is the work of the opposition party; however, the will of the Abia people will stand”.
In the March 18 governorship election, Otti polled 175,467 votes to win the election.
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