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Federal High Court Judgment Against Labour Party Is Inconsequential, Laughable – Otti, Senior Lawyers, Others
By Sam Egburonu, Editor
Abia State Governor-elect, Dr Alex Otti, has assured Abians that today’s judgement of the Federal High Court sitting in Kano will not truncate his Inauguration as the Governor of Abia State on May 29, 2023.
This is even as very senior lawyers in Nigeria, including senior members of Dr Alex Otti’s legal team, have dismissed the Court ruling today against the Labour Party as “inconsequential,” “dead on arrival” and “laughable.”
The Federal High Court, sitting in Kano and presided over today, Friday, by Justice M N Yunusa, had ruled that the votes garnered by the Labour Party in 2023 Elections were invalid votes because, according to the court, the party failed to comply with the provisions of the 2022 Electoral Act in the nomination of its candidates for the elections.
Curiously, NewsOrient Network learnt that even before today’s ruling on this matter, some leaders and members of the outgoing People’s Democratic Party-led Abia State Government had allegedly relied on the then yet to be delivered judgment of the High Court to boast openly that Dr Alex Otti, the Governor-Elect, will not be sworn in on May 29, 2023 as the new Governor of Abia State.
Reacting to the court’s ruling today, very senior lawyers and members of Dr Alex Otti’s legal team dismissed it as “inconsequential,” “dead on arrival,” “rubbish” and “laughable.”
Former Attorney-General of Abia State and Commissioner for Justice, Chief Umeh Kalu (SAN), who was the State Coordinator of Obi-Datti Presidential Campaign in Abia State, said the judgement is “inconsequential” and “dead on arrival”.
He explained: “It is dead on arrival because Alex Otti is not a party to the suit.”
Chief Umeh Kalu also said in his response to media inquiries on his opinion on the judgment: “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.”
Another senior member of Dr Alex Otti’s legal team, Dr. Sonny Ajala, SAN, in his reaction today said: “The judgment order is an absolute rubbish and a nullity.
“How can a court in Kano State set aside the election of Labour Party candidates in Abia State (Alex Otti inclusive)?”
Dr Ajala, SAN, who chatted with NewsOrient Network this afternoon on the development said: “It is laughable and an exercise in futility as the Federal High Court is not an Election Petition Tribunal and thus lacks the jurisdiction to make such Orders affecting the outcome of a duly held election.”
Also Labour Party Chairman in Abia State, Hon. Ceekay Igara, has also been quoted as saying the court’s “pronouncement is laughable”.
He said, “That court pronouncement is laughable. Everybody should go about their normal activities. It is only the tribunal that can remove Alex Otti.
“It is not just a court that will remove someone who was duly elected. Infact I am going to gear up activities for the inauguration,” he said.
It would be recalled that the High 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 had 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 judge ruled: “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.