A Federal High Court, Calabar, has ordered the Independent National Electoral Commission (INEC) to accept and publish Sunday Ifere’s name as Labour Party’s validly nominated candidate for the 2023 Abi/Yakurr Federal Constituency election in Cross River State.
Delivering judgment, Justice Ijeoma Ojukwu held that Mr Ifere’s suit succeeded in merit on the grounds that the defendants did not oppose the originating summons filed by the plaintiff.
The News Agency of Nigeria (NAN) reports that while Mr Ifere is the plaintiff, INEC and Labour Party were 1st and 2nd defendants respectively in the suit marked: FHC/CA/CS/147/2022 and filed by his lawyer, Eric Ifere.
In the originating summons filed on 30 September, Mr Ifere sought an order, compelling INEC to accept and deem the hard copy of the Form EC9 (affidavit in support of particulars of persons seeking election to elective offices in Nigeria) submitted on 23 August to the electoral umpire as lawful and sufficient to meet the requirements of Section 29 (2) Electoral Act, 2022 as a candidate seeking to contest the 2023 legislative elections.
He also sought an order directing INEC to publish his name forthwith as the valid candidate under the Labour Party for the Abi/Yakurr Federal Constituency poll scheduled for 25 February 2023 or any other date after that.
He argued that having emerged as the LP candidate in the primary election of the House of Representatives for the Abi/Yakurr Federal Constituency conducted by the party on 8 June in Ugep, and his name forwarded to INEC as required by the law, the commission cannot reject his name.
Counsel to INEC, Mathew Ugwuocha, in his oral argument, attributed the inability of the commission to publish Mr Ifere’s name on its final list published on 20 September to the failure of its online portal.
According to the lawyer, the portal of the 1st defendant and the entire system came to a halt on 17 June 2022, and they could not upload the required information.
He said the election commission was still working internally to rectify the failure.
Justice Ojukwu said: “The plaintiff, having fulfilled all the legal requirements prescribed under the constitution and the Electoral Act 2022 to stand for a legislative election, is entitled to all the rights and benefits of his candidature as a validly nominated candidate of the LP for the 2023 Abi/Yakurr Federal Constituency House of Representatives elections.
“This is notwithstanding the negligent acts of a third party in non-compliance to the Electoral Act, 2022 which adversely affects the plaintiff’s candidacy.”
The judge declared that any House of Representatives election conducted by INEC without Mr Ifere’s name being published and included as one of the contestants for the Abi/Yakurr Federal Constituency poll is illegal, unconstitutional, null and void.
She consequently ordered INEC to accept and deem the hard copy of Form EC9 submitted on 23 August to it as lawful and sufficient to meet the requirement of Section 29 (2) of the Electoral Act, 2022 as a candidate.
(NAN)
