The Federal High Court in Abuja, has ordered the INEC to reinstate the Social Democratic Party, SDP, candidate, Natasha Akpoti, for the November 16 governorship election in Kogi State.
Delivering judgement, Justice Folashade Ogunbanjo-Giwa held that the Independent National Electoral Commission, INEC, was wrong to have excluded Ms Akpoti from the forthcoming governorship election.
The judge also held that INEC 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 holds that INEC cannot disqualify or reject a candidate nominated by a political party for an election.
According to the judge, this is aimed at ensuring that it does not lie within the executive realms of INEC to determine who participates in an election.
She, accordingly, granted the plaintiffs’ prayers and ordered INEC to include the names of the governorship and deputy governorship candidate of SDP as well as the party’s logo on the ballot paper in the November 16 governorship election in the state.
The lawyer representing Ms Akpoti, Mr Khalid and the SDP, Mr Olanipekun, in their argument, submitted that the power to disqualify any candidate in an election is that of the court and not INEC.
The senior lawyer added that the substitution was a sequel to a voluntary withdrawal of the first nominated deputy governorship candidate, whose letter of withdrawal was forwarded to INEC.
But the lawyer to INEC, Tanimu Inuwa, in a counter to the motion, said 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. He urged the court to dismiss the suit.
