Senior Advocate of Nigeria Kenneth Ahia, has posited that the judgement obtained from a federal High Court in Kano which purportedly nullified the election of Abia State Governor-Elect Dr Alex Chioma Otti OFR, can not stop the inauguration of Otti as governor of Abia State come 29th May 2023.
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, INEC, ruled that the failure of the Labour Party to submit its membership register to the INEC within 30 days before their primaries renders the process invalid.
But in a swift reaction, Kenneth Ahia SAN stated 7 points why the federal high court decision in Kano does not have effect and can not stop the inauguration of Abia State Governor-Elect Dr. Alex Chioma Otti OFR.
They are;
1. Section 77 does not provide any punishment for any party that does not comply. Consequently, a court cannot impose any punishment.
2. It is a pre-election matter and under Section 285(14)(a), it must be brought by an aspirant, otherwise no locus standi.
3. By Section 285 (9), it must be filed within 14 days of the occurrence of the event. In other words, the suit must have been filed within 14 days of the failure of the party to submit the register.
4. Like earlier stated, the FHC in Kano does not have the jurisdiction over Abia State.
5. Dr Alex Otti was not a party to the suit in Kano. It is therefore laughable that the court will make an order specifically targeting him.
6. Alex Otti became the Governorship Candidate of Labour Party on 09 June 2022, then any pre-election litigation questioning his candidacy must have been commenced not later than 14 days from 09 June 2022— meaning the case must be filed not later than 23 June 2022
7. Any case filed not later than 23 June 2022 must be determined not later than 180 days from the date of filing. Assuming it was filed on 23 June of 2022, the 180-day timeline terminated on 20 December 2022.
The legal luminary went further to explain that the federal high court judge in Kano, expressly refused no nullify the elections of the Labour Party candidates in Abia, stating that the candidates were not party to the suit.
