The Federal High Court sitting in Kano has declared that it lacks the jurisdiction to make an order for the issuance of Certificate of Return to Abia State Governor-elect, Dr Alex Otti, and other candidates of the Labour Party (LP) in the state.
The court ruled that the candidates of the Labour Party who participated in the 2023 general election in Abia State are not parties before the court.
The presiding judge, Justice Mohammed Yunusa, made the declaration while ruling on the Suit No FHC/KN/CS/107/2023 filed by one Ibrahim Haruna Ibrahim against the Labour Party and the Independent National Electoral Commission (INEC) on Friday, May 19.
“The candidates that participate in the election in Abia State are not parties before this court as such the court lacks the jurisdiction to make an order for the issuance of Certificate of Return to them.
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“They are, however, at liberty to seek the said redress in the appropriate Division of the court,” Justice Yunusa ruled.
The judge, however, nullified the candidature of the candidates of the Labour Party in Abia and Kano states, saying the LP candidates’ emergence was not in compliance with the provisions of the 2022 Electoral Act.
Justice Yunusa said the failure of the LP to submit its membership register to INEC within 30 days before their primaries made the process invalid.
The judge ruled that with the failure of the party to comply with the provisions of the 2022 Electoral Act, the LP cannot be said to have a candidate in an election and cannot be declared the winner of an election.
“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,” he declared.
Justice Yunusa added that the votes cast for the LP candidates during the 2023 general election in Abia and Kano states were wasted votes.
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