Legal hurdle to swearing in of Otti cleared as Appeal Court suspends judgement nullifying his candidacy.
From Boniface Okoro, Umuahia
Any legal impediments posed by the May 18, 2023 ruling by the Kano Division of the Federal Court to the swearing of Dr. Alex Otti as the Governor of Abia State on May 29, 2023 have been cleared.
This followed another ruling by the Court of Appeal, Kano Division, on Saturday which suspended the judgment of the Kano Federal High Court which purportedly nullified the primaries that produced the Labour Party (LP) candidates in Abia State.
The Appeal Court presided over by Justice Mbaba further granted the application of Dr. Otti to appeal as an interested party while suspending the judgment of the Federal High Court, pending the hearing and determination of the appeal.
The Appeal Court order was made in respect of a motion for leave brought by the Abia Governor-elect to appeal as an interested party against judgment of the Kano Division of Federal High Court delivered on 18th May 2023 in Suit No. FHC/KN/CS/107/2023.
Also granted is an order for stay and suspension of the judgment of the lower court delivered by Justice Yunusa J. pending the hearing and determination of the appeal for which leave has been granted.
One Ibrahim Haruna Ibrahim had approached the Federal High Court, Kano, on May 13, 2023, praying to nullify the emergence of all Labour candidates in the 36 states and Abuja on the ground that Labour Party did not satisfy the provision of the Electoral Act which stipulates that all political parties should submit their membership register to the Independent National Electoral Commission (INEC) 30 days to the date for the conduct of their primaries.
Justice Yunusa granted the prayer of Ibrahim Haruna on may 18, 2023but stressed that his ruling did not affect LP candidates in Abia because they were not a party to the suit before him.
Reacting toFederal High Court ruling, Otti had urged Abians not to panic, saying that the mandate they freely gave him was safe, secure and sacrosanct. Otti had also assured that he would be sworn-in on May 29, 2023.