A Federal High Court in Kano has directed the Independent National Electoral Commission (INEC) to recognise and publish Bashir Ishaq Bashir and Alhaji Auwalu Abdullahi as the Labour Party's duly nominated governorship candidate and running mate for the 2023 election.
In order to be eligible to run for governor in 2023, the first plaintiff, Bashir, filed a lawsuit and asked the court to order INEC to accept and regard the paper copy of Form EC9 (affidavit in support of particulars of persons seeking election to elective offices in Nigeria) as legal and sufficient.
In addition, he requested that the court direct INEC to designate him as the Labour Party's official candidate in the March 11 election for governor of Kano State.
Following Muhammad Raji Abdullahi's voluntary resignation as the placeholder candidate in the LP primary election for governor on October 20 in Kano, Bashir claimed that INEC lacked the jurisdiction to disqualify him because he had complied with the law and submitted his name to the commission.
According to Justice M.N. Yunusa, Bashir and Auwal are qualified to run for governor and deputy governor of Kano State under the LP because they meet the requirements set down in the constitution and the Electoral Act 2022 for nomination.
“The plaintiff, having fulfilled all the legal requirements prescribed under the constitution and the Electoral Act 2022 to stand for a legislative election, are entitled to all the rights and benefits of their candidature as a validly nominated candidate of the LP for the 2023 Governorship elections,” Justice Yunusa said.
“This is notwithstanding the negligent acts of a third party in non-compliance to the Electoral Act, 2022 which adversely affects the plaintiff’s candidature.”
A gubernatorial election in Kano State held by INEC without listing Bashir as a candidate is illegal, unconstitutional, and null and void, the judgement said.
Consequently, he directed INEC to recognise the candidate’s hard copy of Form EC9 submitted on October 20 as valid and adequate to fulfil the requirement of Section 29 (2) of the Electoral Act, 2022.