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Akinwande Soji-Ojo
A Federal High Court sitting in Kano has nullified the candidature of Abia State Governor-elect, Dr Alex Otti, and all the candidates of the Labour Party in Abia and Kano States
In a judgement delivered by Justice M.N. Yunusa on Thursday, the court ruled that their emergence was not in compliance with the provisions of the electoral act 2022 (as amended).
A copy of the judgement was seen by Newspeakonline on Friday.
The suit against Labour Party and Independent National Electoral Commission (INEC), was filed by a member of the party in Kano State, Ibrahim Haruna Ibrahim.
In his judgement, Justice Yunusa held that failure of Labour Party to submit its membership register to INEC in compliance with the electoral act within 30 days before the primaries render 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,” the judge held.
The judge however refused to order INEC to withdraw Otti’s certificate of return.
He said since the candidates that participated in the Abia election are not parties before the court, he lacks the jurisdiction to make an order on the issuance of certificate of return.
The judge said the affected parties are at liberty to “seek the said redress in the appropriate division of the court.”
“That the failure of the 1st defendant (Labour Party) to submit its register of members in Kano State and Abia State is in crass breach of the provisions of section 77(3) of the Electoral Act, 2022 and the purported primary elections of the 1st defendant is invalid, null and void and of no effect.
“That the fundamentally flawed primary elections of the 1st defendant (Labour Party) as a result of failure to comply with the mandatory provisions of section 77(2) and (3) cannot produce a qualified candidate that participated in the General Elections as held on the 25th of February, 2023 and 18th of March, 2023 respectively for all the elective positions in Kano State and Abia State.
“That the void primary elections of the 1st defendant cannot produce eligible candidates to be sponsored by the 1st defendant in the general election and the participation of the candidates of the 1st defendant in the election in Kano State and Abia State is of no moment and waste of time.
“That the votes cast for all the candidates of the 1st defendant in Kano State and Abia State in the general elections of 2023 are wasted votes.”