Judge clarifies confusion on nullification of Abia governorship election
A Federal High Court sitting in Kano has denied that its order nullifying the candidacy of Labour Party (LP) in the state also affected the candidature of Abia State governor-elect, Dr Alex Otti.
The court, however, clarified that it nullified the election of the candidates for Kano Labour Party (LP) that contested during the 2023 general election.
A plaintiff, Ibrahim Haruna Ibrahim, had filed an application seeking the court to revoke and set aside the certificate of return issued to all LP candidates declared winner in Kano and the 35 states of the Federation including the FCT Abuja.
A mix-up ensued as the judge did not isolate clarify that it did not grant the applicant’s prayers concerning the 35 states of the Federation including the FCT Abuja.
The respondents in the suit are: Labour Party and Independent National Electoral Commission.
Justice Muhammad Nasir-Yunusa, however later 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”, Nasir Yunusa said.
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