Justice Muhammad Nasir-Yunusa of the Kano Division of the Federal High Court said the candidates who participated in the 2023 general election in Abia were not parties before his court.
He therefore denied nullifying the candidature of the Abia Governor-elect Alex Otti.
Mr Nasir-Yunusa, however, said it nullified the election of the candidates for Kano Labour Party (LP) that contested during the 2023 general election.
In 2016, the National Judicial Council (NJC), found Justice Yunusa culpable of acts of alleged misconduct at a time he was standing trial for bribery allegations by the Economic and Financial Crimes Commission (EFCC).
A Premium Times report of July 25, 2016, noted that the NJC having placed Justice Yunusa, then a serving judge at the Enugu Division of the Federal High Court, on suspension, required the approval of President Muhammadu Buhari for the judge’s compulsory retirement.
But for whatever expediency, “President Buhari refused to act on the NJC’s recommendation, creating a window for the judge to return to the NJC for a review of his case last year (2020),” the Premium Times report stated.
A plaintiff, Ibrahim Haruna-Ibrahim, had filed an application seeking the court to revoke and set aside the certificate of return issued to all LP candidates declared winner in Kano and the 35 states of the Federation including the FCT Abuja.
The respondents in the suit are: Labour Party and the Independent National Electoral Commission.
“This court lacks jurisdiction to make an order for the issuance of a certificate of return.
“They are at liberty to seek redress in the appropriate Division of the court,” he said.
He said INEC was bound to insist on receiving the registered members of the first respondent and that of other political parties 30 days before primary election in compliance with section 77(3) of the electoral act 2022.
The section states that a party that has not complied with the section 77(2)(3) of the electoral act 2022 cannot be declared winner of the election.
“The court declared the primary election of LP in Kano as null and void,” Mr Nasir-Yunusa said.