The ruling came in response to an application filed by Ibrahim Haruna-Ibrahim, the plaintiff, who sought the revocation and setting aside of the certificate of return issued to all LP candidates declared winners in Kano and the 35 states of the Federation, including the FCT Abuja. The respondents in the suit were the Labour Party and the Independent National Electoral Commission (INEC).
Justice Nasir-Yunusa emphasised that his court lacked jurisdiction to make an order for the issuance of a certificate of return. He stated, "They are at liberty to seek redress in the appropriate Division of the court." The judge further highlighted that INEC was obligated to insist on receiving the registered members of the first respondent and other political parties 30 days before the primary election, in accordance with section 77(3) of the Electoral Act 2022. According to this section, a party that has not complied with the requirements of section 77(2)(3) cannot be declared the winner of the election.
"The court declared the primary election of LP in Kano as null and void," Justice Nasir-Yunusa stated, indicating the decision made in the case. It is worth noting that the judge had previously faced allegations of bribe-taking and was recommended for early retirement by the National Judicial Council in 2016. However, President Muhammadu Buhari refused to sign off on the sanction.
The ruling by Justice Nasir-Yunusa brings clarity to the legal status of the Abia Governor-elect, Alex Otti, whose candidature was not nullified. However, it also highlights the nullification of the Kano Labour Party's candidates in the 2023 general election. The decision underscores the importance of complying with the electoral laws and regulations in order to ensure a fair and transparent democratic process.
The implications of this ruling extend beyond the specific case, as it raises questions about the integrity of the electoral system and the role of the courts in upholding the rule of law. The denial of nullification in the case of the Abia Governor-elect provides assurance that the candidate's victory stands, preserving the will of the electorate. However, the nullification of the Kano Labour Party's candidates reflects the court's commitment to enforcing the electoral laws and maintaining the integrity of the democratic process.
As the news of the ruling spreads, political stakeholders and legal experts are likely to analyze its implications. The decision sets a precedent for future electoral disputes, emphasising the importance of adherence to the electoral act and procedures. It serves as a reminder to political parties and candidates of their responsibilities in ensuring compliance with the law and conducting transparent and fair elections.
The ruling also highlights the critical role of the judiciary in upholding justice and the rule of law. Justice Nasir-Yunusa's careful consideration of the jurisdictional limitations and his commitment to the legal principles governing the case demonstrate the judiciary's dedication to impartiality and fairness. The decision reinforces public confidence in the judiciary as a guardian of justice and an arbiter in electoral disputes.
The legal process surrounding the 2023 general election in Abia and Kano is still ongoing. The parties involved will have the opportunity to seek redress in the appropriate divisions of the court to address any grievances or concerns arising from the ruling. The decision by Justice Nasir-Yunusa serves as a starting point for further legal proceedings and potential appeals.