KANO, Nigeria – Justice Muhammad Nasir-Yunusa of the Federal High Court in Kano on Friday, May 19, 2023 denied reports that he had nullified the candidacy of Abia’s Governor-elect Alex Otti, stating that candidates from the 2023 general election in Abia were not the subjects of his court decision.
Clarifying the recent muddle around his court’s ruling, Justice Nasir-Yunusa unequivocally confirmed that it was in fact the Kano Labour Party (LP)’s election victory that his court had invalidated.
This bold judicial move followed a plea by plaintiff Ibrahim Haruna-Ibrahim to repeal and nullify the certificate of return issued to all victorious LP candidates in Kano and across the 35 states of the Federation, including FCT Abuja.
“The court declared the primary election of LP in Kano as null and void,” declared Justice Nasir-Yunusa, emphasizing his ruling’s impact on Nigeria’s shifting political landscape.
The case saw the Labour Party and the Independent National Electoral Commission (INEC) named as respondents. Commenting on their position, Nasir-Yunusa stated, “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.”
The judge pointed to the INEC’s obligation to receive registered members of the Labour Party, and indeed any political party, 30 days prior to a primary election.
This requirement, outlined in section 77(3) of the electoral act of 2022, indicates that a party failing to comply with sections 77(2)(3) of the act cannot be declared the winner of the election.
The trajectory of Justice Nasir-Yunusa’s career has not been without controversy. In 2016, he faced indictment for bribe-taking and the National Judicial Council (NJC) recommended his early retirement.
However, this decision was not ratified by President Muhammadu Buhari, who refrained from sanctioning the embattled judge.
Today’s ruling adds yet another layer to his contentious judicial legacy.
