Court Suspends Judgment On Alex Otti
In a significant development, the Court of Appeal in Kano State has stayed the execution of the judgement handed down by Justice M N Yunusa of the Kano Federal High Court.
Recall that all votes cast for Labour Party (LP) candidates in Kano, Abia, and other states were declared void by the court.
The stay of execution is the result of a petition filed by Dr. Alex Otti, the incoming governor of Abia State. Otti’s legal team appealed for his inclusion as a party of interest and requested the suspension of the lower court’s ruling until the Court of Appeal has fully decided the case.
The Appeal Court has granted Otti’s request and halted the implementation of the Federal High Court’s decision temporarily. This decision suspends the judgment’s consequences pending the outcome of the appeal.
Recalling the earlier ruling, the court declared that Alex Otti and other LP candidates in Abia State were not selected in accordance with the requirements of the Electoral Act of 2022.
Mr. Ibrahim Haruna Ibrahim filed a lawsuit against the Labour Party and the Independent National Electoral Commission (INEC), which resulted in the court’s decision.
The court determined that the entire selection process was invalid because the LP failed to submit its membership list to INEC at least 30 days before the primaries.
In his lawsuit, Ibrahim demanded that the court nullify the Certificate of Return issued to all LP candidates and direct INEC to declare the runner-up as the winner in all areas where the LP won.
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On May 22, however, the LP’s attorney, Umeh Kalu SAN, filed an appeal seeking to overturn the trial court’s decision. Kalu argued that the trial court committed a legal error and a miscarriage of justice by allowing a case to proceed without a valid cause of action.
He argued that according to Section 285 of the Constitution of 1999, Election Tribunals have exclusive authority over complaints regarding candidate participation and votes cast in general elections.
The Court of Appeal will now examine the merits of the case, allowing both parties to present their arguments, now that the stay of execution has been granted. The decision represents a temporary reprieve for Alex Otti and other LP candidates, whose fate remains uncertain until the appellate court renders a decision.
As the legal proceedings continue, political observers and interested parties eagerly await the outcome of the appeal, as it will have significant implications for the electoral process and candidate selection in Abia State and beyond.
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