Accept Labour Party candidates in 24 states –Court tells INEC

By Musa Baba Adamu

AFederal High Court in Abuja on Thursday ordered the Independent National Electoral Commission (INEC) to accept the nomination of candidates of the Labour Party (LP) in 24 States of the federation for the purpose of the 2023 general elections.

The court ordered that the electoral body must accept the list of the candidates in the 24 states either manually or through its electronic nomination portal.

Justice Inyang Edem Ekwo in his judgments in 24 different suits brought before him by the Labour Party held that INEC violated sections 31, 33 and 36 of the Electoral Act 2022 in rejecting Labour Party candidates in the affected states on the ground of non functionality of its nomination portal.

The 24 states affected by the Court order are Kwara, Plateau, Nasarawa, Lagos, Kaduna, Oyo, Benue, Bauchi, Ebonyi and Ekiti States.

The rest are Katsina, Bayelsa, Niger, Rivers, Sokoto, Akwa Ibom, Gombe, Borno, Osun, Adamawa and Cross River states.

The Labour Party had last November conducted substitution nominations for its candidates who withdrew from the 2023 general elections in the affected states.

The withdrawals were communicated to INEC by the National Chairman and National Secretary of the party along with notification of the October

27 date to conduct substitution nomination primary elections.

However, at the point of uploading the fresh candidates names, INEC claimed that its nomination portal was faulty and declined to accept the candidates list manually promoting the 24 legal actions.

Justice Ekwo in the judgment said that the evidence of the Labour Party through exchanged letters with INEC in the nomination issue was credible and proceeded to attach probative value to it.

The judge held that the consequences of non-functional electronic nomination portal cannot be visited on the Labour Party.

Justice Ekwo agreed with the Labour Party that nomination and submission of candidates list cannot be rejected by INEC from any party until 90 days to the general elections.

The judge said that the time the Labour Party sought to submit a list of its candidates in the 24 states was more than 90 days to the 2023 general elections, and hence, within time allowed by law.

Justice Ekwo held that INEC was bound to accept the Labour Party’s candidates list manually once its electronic nomination portal is faulty.

The judge subsequently ordered INEC to open its website for the purpose of allowing the Labour Party to submit a list of its candidates or accept the same manually with immediate effect for the purpose of the 2023 general elections.

APC Senatorial candidate of Edo North Senatorial District, Comrade Adams Oshiomhole at Campaign Ground at Akoko Edo North ahead of 2023 General Election, yesterday

Disqualification suit: Enugu PDP knows fate February 15

By Christiana Ekpa

AFederal High Court sitting in Enugu has fixed February 15 for judgement in the suit seeking the disqualification of all the Peoples Democratic Party, PDP, candidates in Enugu State from taking part in the 2023 elections.

The case was instituted by the Enugu North Senatorial district candidate of the African Democratic Congress (ADC), Chika Idoko.

In the suit No: FHC/EN/ CS/217/2022, Idoko had dragged the Independent National Electoral Commission (INEC), the PDP, and all its candidates in Enugu State to the court.

He is claiming that the PDP primary election was in contravention of Section 77 of the Electoral Act and should thus be voided, adding that the party should be punished in line with extant provisions of the Section 84 of the same Act.

His argument is that the party submitted its membership register to INEC on May 6, 2022, less than 30 days to its primary election, contrary to the provisions of the law.

Legal fireworks resumed on Thursday, with all the parties adopting their process, including preliminary objections and addresses for the substantive suit.

Counsel to the applicant, Barr. T. Ekpenyong told the Court that the case of his client, (Idoko) pertains to the interpretation of Section 77 of the Electoral Act.

He said a letter from the first defendant, which was admitted in evidence, showed that the PDP submitted the register in contravention of the Electoral Act.

The plaintiff’s counsel also cited some cases to support his assertion that his client had the locus to file the suit.

“We ask that the preliminary objection of the defendants be discountenanced,” Ekpenyong prayed the court.

The defendants, including the PDP, its guber candidate, Barr. Peter Mbah, National and State Assembly candidates were represented by Onyechi Ikpeazu, SAN, Anthony Ani, (SAN), Justina Offia (Mrs.) SAN, Barr. Ogochukwu Onyekwuluje.

With the exception of the first defendants, INEC, all the other defendants filed preliminary objections.

They argued that Idoko being a member of the ADC lacked the locus standi to file the matter, adding that it was also statutebarred, as according to them it was filed out of time.

The defendants told the court that whereas the course of action arose on May 6, the plaintiff waited till September to file the court action.

While making its submissions to have the main suit struck-out, the PDP said it submitted the soft copy of its register to the INEC in March, 2022, adding that what it submitted in May was a hard copy to ease the job of the commission.

They urged the court to strike out the suit for lack of jurisdiction.

After listening to their arguments, the Judge, Justice Folashade Giwa-Ogunbanjo adjourned the suit to February 15 for ruling on the preliminary objection and judgement on the substantive suit.