Kogi guber: You have no power to disqualify candidate ― Court tells INEC

The Federal High Court, Abuja, on Thursday held that the Independent National Electoral Commission (INEC) was wrong to have excluded candidate of the Social Democratic Party (SDP) in the November 16 governorship election in Kogi State.

Delivering judgment in the matter yesterday, Justice Folashade Ogunbiyi-Giwa held that the electoral body has no power to disqualify any candidate for an election as it is the exclusive reserve of a competent court of law.

The judge said, the provisions of sections 31(1) and 83 of the Electoral Act which holds that INEC cannot disqualify or reject candidate nominated by a political party for an election is aimed at ensuring that it does not lie within the executive realms of INEC to determine who participate in an election, adding that the intention of the law is to make INEC a true unbiased umpire.

The judge accordingly granted reliefs 1-7 of the plaintiffs and ordered INEC to include the names of the governorship and deputy governorship candidate of the SDP as well as the party’s logo on the ballot paper in the November 16 governorship poll in Kogi State.

Natasha Akpoti, his deputy, Adams Khalid and the SDP had approached the court to challenge their exclusion from the 2019 Kogi State governorship election by INEC.

The commission had refused to accept the candidature of Khalid in replacement of the earlier nominated deputy governor, Mohammed Yakubu on the grounds that Yakubu was not qualified in the first place to be fielded as a deputy governorship candidate in the election, on account of his age.

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But the plaintiffs, in the suit marked, FHC/ABJ/CS/1129/2019 and filed on October 3 by their lawyer, Ola Olanipekun (SAN), sought a court declaration that INEC’s declaration vide a letter with reference number: LEG/PP/23/T/107 that the nomination of Mohammed Yakubu as the Deputy Governor of the SDP in the November 16 gubernatorial election is “invalid” on the grounds of qualification ultra vires the statutory powers of INEC and it’s therefore null and void.

The plaintiffs, in addition, prayed the court to declare that INEC’s refusal to recognize Yakubu as the substituted deputy governorship candidate of the SDP in the November 16 gubernatorial election in Kogi State is unlawful and unconstitutional ab initio.

“A declaration that the purported rejection and or disqualification of the nominated candidates of the SDP for any reason whatsoever ultra vires the duties, powers and responsibility of the defendant.

“An order setting aside the defendant’s Letter Ref: INEC/LEG/PP/23/T/107 and Letter Ref: |NEC/LEG/PP/23/T/IO9, addressed to the Chairman of the 3rd Plaintiff, same being unconstitutional, null and void ab initio.

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“An order of perpetual injunction restraining the Defendant, its Commissioners, officers, staff, agents and privies from giving effect to its decision to reject/disqualify the 1st and 2nd Plaintiffs, as the Governorship and Deputy Governorship Candidates of the 3rd Plaintiff, in the 2019 Kogi State Governorship Election.

“An order of mandatory injunction that the Defendant should place the names of the lst and 2nd Plaintiffs on its list of candidates for the 2019 Kogi State governorship election and further place the name and logo of the 3rd Plaintiff on the ballot paper for the 2019 Kogi State Governorship Election”.

Counsel to the Plaintiffs, in his argument, submitted that the duty of disqualification of any candidate in an election is that of the court and not INEC.

He further argued that the rejection of the substitute was unlawful because it was made 45 days before the governorship election, adding that the substitution was the sequel to a voluntary withdrawal of the first nominated deputy governorship candidate, whose letter of withdrawal was forwarded to INEC.

INEC, represented by Tanimu Inuwa (SAN) disclosed that the Plaintiffs, in a letter dated September 19 and addressed to INEC chairman, admitted that the first deputy governor nominee was not qualified to contest the election on account of his age and urged the court to dismiss the suit.