Justice Muhammad Nasir-Yunusa of the Federal High Court has denied nullifying the candidature of the Abia governor-elect, Dr Alex Otti.
According to Vanguard, Justice Muhammad Nasir-Yunusa 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 on 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.
The court, however, said it nullified the election of the candidates for Kano Labour Party, LP, that contested during the 2023 General Election.
Recall that a plaintiff, Mr Ibrahim Haruna-Ibrahim, had filed an application asking 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.
The respondents in the suit are LP and the Independent National Electoral Commission, INEC.
It would be recalled that on Friday the Federal High Court sitting in Kano, presided over by Justice M N Yunusa 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.
The court ruled that their emergence was not in compliance with the provisions of the 2022 electoral act.
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