The Appeal Court sitting in Kano has dismissed the May 18 judgement given by Justice M.N. Yunusa of the Kano state Federal High Court, purportedly sacking Otti over his nomination by the Labour Party.
Ruling on the matter on Friday, the Appeal Court faulted the trial court’s hasty determination of the suit even without joining necessary parties who were the actual target of the claims in the suit.
The Appellate Court awarded one million naira (N1,000,000) cost against the plaintiff.
Recall that Justice Mohammed Yunusa of the Federal High Court Kano had on May 19 2023, declared the votes polled by the Abia State governor-elect, Alex Otti, in the last general election as wasted.
Justice Yunusa cited the failure of the Labour Party to submit its membership registers of Kano and Abia to the Independent National Electoral Commission (INEC) preparatory to the party’s primary election as the basis for his verdict.
He said that it is in breach of the provisions of Section 77(3) of the Electoral Act, 2022,
The judge, ruling on a suit by Ibrahim 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 Labour Party, cannot produce eligible candidates to be sponsored by the party in the general election, and the participation of the candidates of the party, in the election in Kano State and Abia State, is wasted.
The judge also turned down the request of the plaintiff who asked the court to order INEC to declare the first runners-up in all the elections in Abia and Kano states as winners.
Justice Yunusa said since the candidates that came second in the election were not parties in the suit before him, adding that the court, lacks the jurisdiction to make an order for the issuance of a certificate of return to them but was at liberty to seek redress in the appropriate division of the court.
Following the judgement, counsel to governor Alex Otti, Lateef Fagbemi & Co.,Temitope Chambers had filed for a stay of execution and thereafter filed a 10 grounds of appeal.
Peoplesmind