Justice , M N Yunusa has nullified the candidature of the Abia State Governor-elect Dr Alex Otti.
The judge gave the order on Friday at the Federal High Court in Kano.
He annulled the candidature of Otti and and all the candidates of the Labour Party in Abia and Kano State.
Court’s decison
Justice Yunusa held that the emergence of the candidates in Kano and Abia was not in compliance with the provisions of the 2022 electoral act.
The judge said the failure of the Labour Party to submit its membership register to the INEC within 30 days before their primaries renders the process invalid.
He said the votes cast for Kano state labour party candidate and Abia are wasted.
“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 ruled.
The judge held that the failure of LP to submit it register of members in Kano and other states is in cross breach of the provision of section 77(3) of the electoral act and renders their election null and void
Background
Ibrahim Haruna Ibrahim sued the Labour Party and the Independent National Electoral Commission, INEC.
In suit No: FHC/KN/CS/107/2023 Ibrahim asked the court to nullify the candidature of the Labour party candidate in Kano state.
He avered that INEC was bound to insist on receiving the register of LP members in Nigeria 30 days before conducting the election.
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Lawyer reacts
Reacting to the judgement, Human rights lawyer, Iniebehe Effiong said the judgemt cannot stand.
He wrote “The judgment of the Federal High Court in Kano cannot stand in law.
“The issue of submission of a party’s membership register to INEC cannot be the basis for disqualification of candidates.
“It cannot be the basis for nullifying primaries across the country.
“It is also belated.”
