By Sam Egburonu, Editor

The Labour Party has approached the Court of Appeal, Kano Division, to set aside the judgment of Federal High Court, Kano, on May 18, 2023, which has been interpreted in some quarters to mean that the Labour Party’s Dr Alex Otti’s election as Governor of Abia State and his inauguration on May 29, 2023 would not hold.

Describing the Federal High Court Judgment as “a grave miscarriage of justice,” Labour Party is seeking the Appeal Court to allow the Appeal and set aside the judgment of the Federal High Court in suit No FHC/KN/CS/107/2023, Hon. Ibrahim Haruna Ibrahim v. Labour Party & Ior delivered on 18th day of May 2023.”

NewsOrient Network reports that the Appellant, the Labour Party, filed this appeal on 22nd day of May, 2023 through it’s lawyers: Umeh Kalu, SAN; Soni Ajala, SAN; Anaga Kalu Anaga; John Awa Kalu; President Aigbokan; Kunle Edun; M A Annas; and Adekunle Kosoko.

NewsOrient Network also reports that LP’s appeal at the Appeal Court is based on five grounds.

In the appeal, dated May 22, 2023 and sighted by NewsOrient Network, the Labour Party expressed dissatisfaction with the judgment of the Federal High Court, Kano Division in suit No. FHC/KN/CS/107/2023, Ibrahim Haruna Ibrahim v. Labour Party & Iors, delivered on 18th day of May 2023 by Hon. Justice Y. N. Yunusa.”

The Appeal is between Labour Party (as Appellant) and Ibrahim Haruna Ibrahim and Independent National Electoral Commission (as Respondents).

The Appeal is based on five grounds:
1: That the trial court erred in law when it assumed jurisdiction to entertain the suit which was filed outside the time limit by S. 285 (9) of the 1999 Constitution (as amended);

2: That the trial court erred in law when it assumed jurisdiction to entertain relief of 7, 8, and 9 which are post- election reliefs seeking to annul the participation of the Appellant in the General Election when the trial court was not an Election Petition Tribunal and when the suit was filed outside the 21 days limited for filing of suits to challenge votes garnered at a General Election.

3: That the trial court erred in law and occasioned a grave miscarriage of justice when it assumed jurisdiction to entertain the suit filed by 1st Respondent, when the 1st Respondent lacked locus standi to file the suit against the Appellant.

4: That the trial court erred in law and occasioned a grave miscarriage of justice when it entertained the suit which was bereft of any cause of action.

5: That the trial court erred in law and occasioned a grave miscarriage of justice when it held that the primaries of the Appellant and votes cast for the Appellant in Kano and Abia states were flawed and wasted respectively.”

Based on these grounds, the Appellant seeks the Appeal Court relief to allow the Appeal and set aside the judgment of the Federal High Court, Kano Division, in suit No. FHC/KN/CS/107/2023, Hon. Ibrahim Haruna Ibrahim v Labour Party & Ior, delivered on 18th day of May 2023.

Source: http://newsorientng.com