2023: Court orders INEC to recognize Labor Party representatives nominee

A Federal High Court in Calabar has ordered the Independent National Electoral Commission (INEC) to accept and publish the name of Sunday Ifere as a valid Labor Party candidate for the federal constituency election of 'Abi/Yakurr in 2023 in Cross River State.

Rendering his judgement, Judge Ijeoma Ojukwu found that Mr. Ifere's suit was successful on the merits on the basis that the defendants did not oppose the initial summons filed by the plaintiff.

The News Agency of Nigeria (NAN) reports that while Mr. Ifere is the plaintiff, INEC and Labor were the 1st and 2nd defendants respectively in the lawsuit marked: FHC/CA/CS/147/ 2022 and filed by his lawyer, Eric Ifère.

In the originating summons filed September 30, Mr. Ifere sought an order requiring INEC to accept and consider the hard copy of Form EC9 (Affidavit in Support of Persons Seeking Particulars). for elective office in Nigeria) submitted on August 23 to the Electoral Arbitrator as legal and sufficient to meet the requirements of Section 29(2) of the Elections Act 2022 as a candidate seeking to stand for election legislative elections of 2023.

He also sought an order directing the INEC to immediately publish his name as a valid Labor Party candidate for the Abi/Yakurr federal constituency ballot scheduled for February 25, 2023 or any later date. .

He argued that having emerged as the LP candidate in the House of Representatives primary election for the federal constituency of Abi/Yakurr led by the party on June 8 in Ugep, and his name forwarded to INEC as required by law, the commission cannot reject its name.

INEC counsel Mathew Ugwuocha in oral argument attributed the commission's failure to publish Mr Ifere's name on its final list released on September 20 to the failure of its online portal .

According to the lawyer, the 1st defendant's portal and the whole system stopped on June 17, 2022, and they were unable to download the required information.

He said the election commission was still working internally to remedy the failure.

Judge Ojukwu said: "The plaintiff, having fulfilled all legal requirements prescribed by the constitution and the Elections Act 2022 to stand for a legislative election, is entitled to all the rights and benefits of his candidacy as a as a validly nominated candidate of the LP for the 2023 elections to the House of Representatives from the federal constituency of Abi/Yakurr.

“This notwithstanding any negligent acts of a third party in breach of the Elections Act 2022 which adversely affect the Plaintiff's candidacy. »

The judge said that any election to the House of Representatives conducted by the INEC without Mr. Ifere's name being published and included as one of the candidates on the ballot for the Abi/Yakurr Federal Constituency is illegal, unconstitutional, null and void.

It therefore ordered the INEC to accept and consider the hard copy of Form EC9 submitted to it on August 23 as legal and sufficient to meet the requirements of Article 29(2) of the electoral law of 2022 as a candidate.

(NAN)

Support the integrity and credibility journalism of PREMIUM TIMES Good journalism costs a lot of money. Yet only good journalism can guarantee the possibility of a good society, an accountable democracy and a transparent government. For free and continued access to the best investigative journalism in the country, we ask that you consider providing modest support to this noble endeavour. By contributing to PREMIUM TIMES, you help sustain relevant journalism and keep it free and accessible to everyone.