A Federal High Court sitting in 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.
Justice Ijeoma Ojukwu, in a judgment, held that Ifere’s suit succeeded on 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 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 dated and filed on Sept. 30, 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 Aug. 23 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 Feb 25 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 Feb. 25 or any other date after that.
He argued that, having emerged as the candidate of the Labour Party in the primary election of the House of Representatives for the Abi/Yakurr Federal Constituency conducted by the party on June 8 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 Ifere’s name on its final list published on Sept. 20 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 the 17th day of June, 2022 and they could not upload the required information.
He said the electoral umpire was still working internally to rectify the failure and would do the needful.
Delivering her judgment, Justice Ojukwu held that “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 2nd defendant (Labour Party) for the 2023 Abi/Yakurr Federal Constituency House of Representatives elections, 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 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 the Form EC9 submitted on Aug. 23 to it as lawful and sufficient to meet the requirement of Section 29 (2) of the Electoral Act, 2022 as a candidate.
(NAN)
