Alex Otti
EKO HOT BLOG reports that in a significant development, the Court of Appeal in Kano State has issued a stay of execution on the judgment rendered by Justice M N Yunusa of the Federal High Court in Kano.
The judgment had declared all votes cast for Labour Party (LP) candidates in Kano, Abia, and other states as wasted votes.
The stay of execution follows an application filed by Dr. Alex Otti, the governor-elect of Abia State. Otti’s legal team appealed for his inclusion as an interested party and requested the suspension of the lower court’s judgment until the case is fully determined by the Court of Appeal.
The Appeal Court has granted Otti’s request and ordered a temporary halt to the implementation of the Federal High Court’s ruling. This decision puts a pause on the consequences of the judgment pending the outcome of the appeal.
Recalling the earlier judgment, the court had declared that the selection process of Alex Otti and other LP candidates in Abia State did not comply with the requirements stipulated in the 2022 Electoral Act.
The court’s ruling was a result of a lawsuit filed by Mr. Ibrahim Haruna Ibrahim against the Labour Party and the Independent National Electoral Commission (INEC).
The court determined that the LP’s failure to submit its membership register to INEC at least 30 days before the primaries invalidated the entire selection process.
In his suit, Ibrahim urged the court to set aside the Certificate of Return issued to all LP candidates and direct INEC to declare the first runner-up as the winner in all places where LP emerged victorious.
However, the LP’s counsel, Umeh Kalu SAN, lodged an appeal on May 22, seeking to overturn the trial court’s judgment. Kalu argued that the trial court had erred in law and caused a miscarriage of justice by entertaining a suit that lacked any valid cause of action.
He contended that according to Section 285 of the 1999 Constitution, the exclusive jurisdiction to address complaints regarding candidate participation and votes garnered in general elections lies with Election Tribunals.
With the grant of the stay of execution, the Court of Appeal will now examine the merits of the case, allowing both parties to present their arguments. The decision signifies a temporary reprieve for Alex Otti and other LP candidates as their fate hangs in the balance until the appellate court reaches a verdict.
As the legal proceedings continue, political observers and stakeholders eagerly await the outcome of the appeal, as it holds significant implications for the electoral process and the selection of candidates in Abia State and beyond.
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