The Federal High Court in Kano has declared the votes polled by the Abia State governor-elect, Alex Otti, in the last general election as wasted but refused to nullify the certificate of return issued to him as the winner of the poll.
The judgement delivered by M.N. Yunusa on Thursday affects other Labour Party candidates for various elective positions in Abia and Kano States in the 2023 general elections.
Mr Yunusa cited the failure of the Labour Party to submit its membership registers to the Independent National Electoral Commission (INEC) preparatory to the party’s primary election as the basis for his verdict.
“That the failure of the 1st defendant 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,†Mr Yunusa ruled, according to the summary of the court judgement seen by PREMIUM TIMES on Friday.
The judge, ruling on a suit by one Ibrahim Haruna Ibrahim, said under section 77(3) of the Electoral Act, Labour Party ought to submit its membership registers to INEC 30 days before its primary elections in Kano and Abia states.
The judge held 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.â€
“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,†he added.
Certificates of return But the court judgement stopped short of making an order withdrawing Mr Otti’s and other affected candidates’ certificates of return.
The plaintiff prayed for the order in its prayer nine, but the judge did not grant the request.
The judge also turned down the request contained in prayer 10 for the court to order the INEC to declare as the winner the first runners-up in all the elections in Abia and Kano states which Labour Party candidates were declared returned as elected.
Mr Yunusa said since the candidates that came second in the election were not parties in the suit before him, “this court, as such, lacks the jurisdiction to make an order for the issuance of certificate of return to them.â€
“They are, however, at liberty to seek the said redress in the appropriate division of the court,†Mr Yunusa said.
The judgement came days before Mr Otti’s inauguration as governor, scheduled to hold on 29 May.
READ ALSO:Â Court rejects lawyers attempt to represent Peter Obi, Labour Party Mr Otti, the candidate of the Labour Party (LP) in the March 18 governorship election in the state, was declared winner of the exercise by the Independent National Electoral Commission (INEC) on 22 March.
Mr Otti won 10 of the 17 local government areas in the state to win the governorship election after polling a total of 175,467 votes.
His Peoples Democratic Party counterpart, Okey Ahiwe, polled 88,529 votes, while Enyinnaya Nwafor of the Young Peoples Party came in third with 28,972 votes.
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