Victor EzejaJustice Muhammad Nasir-Yunusa of the Kano Division of the Federal High Court has denied nullifying the nomination of Dr Alex Otti and other candidates of the Labour Party who participated in the 2023 general election in Abia State.
Justice Yunusa said they were not parties before his court.
Join our WhatsApp ChannelThe judge, however, declared that the judgment he delivered on Thursday, 18 May 2023, nullified the election of Labour Party candidates for Kano that contested during the 2023 general election.
READ ALSO: Why Kano Court Ruling On Alex Otti’s Candidature Cannot Stand – Legal Experts
A plaintiff, Mr Ibrahim Haruna Ibrahim had filed a case with suit No FHC/KN/CS/107/2023 against the Labour Party and the Independent National Electoral Commission (INEC), seeking a declaration that the party violated some provisions of the Electoral Act and therefore its candidates disqualified and cannot be declared winner of an election.
He said: “This court lacks jurisdiction to make an order for the issuance of a certificate of return.”
“They are at liberty to seek redress in the appropriate Division of the court.”
He noted that INEC was bound to insist on receiving the registered members of the first respondent and that of other political parties 30 days before the primary election in compliance with section 77(3) of the electoral act 2022.
The section states that a party that has not complied with section 77(2)(3) of the electoral act 2022 cannot be declared winner of the election.
“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,” the Judge had ruled
He said: “The court declared the primary election of LP in Kano as null and void.”
Victor Ezeja is a passionate journalist with six years of experience writing on economy, politics and energy. He holds a Masters degree in Mass Communication.
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