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Kano Judgement Against LP Candidates Inconsequential, Otti Not A Party To Suit - Politics - Nairaland

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Kano Judgement Against LP Candidates Inconsequential, Otti Not A Party To Suit by kahal29: 1:36pm On May 19, 2023
A former Attorney General of Abia State and Commissioner for Justice, Chief Umeh Kalu (SAN), has dismissed a High Court judgement sacking candidates elected under the platform of the Labour Party (LP), describing it as “inconsequential”.

Justice M N Yunusa of Kano High Court, on Friday said the Labour Party failed to comply with the provisions of the 2022 Electoral Act in nominating its candidates.

The Court in Suit No FHC/KN/CS/107/2023 filed by Mr Ibrahim Haruna Ibrahim against the Labour Party and the Independent National Electoral Commission ruled that the failure of the Labour Party to submit its membership register to the Independent National electoral commission within 30days before their primaries renders the process invalid.

“The party that has not complied with the provisions of the electoral act cannot be said to have a 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 as the decision of the Supreme court,” the Judge ruled.

Reacting to the judgement, Chief Umeh Kalu, the Abia State Coordinator of the Obi/Datti Presidential Campaign Organization, in a telephone interview with THE WHISPERER described the judgement as inconsequential and dead on arrival.

He said: “The judgement is Inconsequential and dead on arrival. It is dead on arrival because Alex Otti is not a party to the suit. I have seen the judgement. You cannot make an order to anybody that is not a party before you. The issues they raised there are the same thing they raised at the tribunal. They said that the membership register of the Labour Party (LP) was not submitted 30 days before— and— all these issues were raised at the tribunal. Elections have come and gone; candidates accepted by INEC, elections conducted, results declared. Any issue that has to do with that election, the only arena for it is the election tribunal. The issue they raised is pre- election matter.

“But, even on the merit, the Kano case is dead on arrival. You cannot shave anybody’s head in his absence. Alex Otti’s name was not mentioned in that judgement even though I think he is the target.”

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https://newtelegraphng.com/judgement-on-abia-guber-poll-dead-on-arrival-umeh-kalu/
Re: Kano Judgement Against LP Candidates Inconsequential, Otti Not A Party To Suit by kahal29: 1:38pm On May 19, 2023
Inibehe Effiong Esq. Wrote👇

Based on this Judgment Order, this case was filed on the 11th day of May, 2023.

Alex Otti emerged as the gubernatorial candidate of LP during primaries held in June 2022.

Section 285 of the Constitution states that all pre-election matters must be filed within 14 days of event.

A case relating to election is either a pre-election matter or a post election matter (election petition).

If the case filed by Ibrahim Haruna Ibrahim at the Federal High Court in Kano was/is a pre-election matter, it should have been filed within 14 days of the primaries.
How can a court assume jurisdiction in a matter that is indisputably statute barred?

This is shocking.

Also, no candidate was joined as a party in this suit. I have noted that Abia is specifically mentioned in the judgment. A court in Kano cannot nullify primaries outside Kano.

The jurisdiction of the Federal High Court cannot be invoked this way.

Nullifying primaries of candidates, and even declaring votes scored as wasted votes in this circumstance, goes against all established principles of law and fair hearing.

The court lacked jurisdiction.

This type of judgment has the potential of exposing the judiciary to avoidable public ridicule.

1 Like

Re: Kano Judgement Against LP Candidates Inconsequential, Otti Not A Party To Suit by SwissMass: 1:39pm On May 19, 2023
he knows nothing
Re: Kano Judgement Against LP Candidates Inconsequential, Otti Not A Party To Suit by Karlman: 1:51pm On May 19, 2023
Tell Tinubu animals galivanting all over nairaland with imbecilic spits...especially that oaf Leo d kid!
Re: Kano Judgement Against LP Candidates Inconsequential, Otti Not A Party To Suit by SwissMass: 1:53pm On May 19, 2023
ok

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