Monday Ubani

“Nullification Is Illegal,” Ubani Opposes Ruling On Alex Otti’s Candidacy

The chairman of the Nigerian Bar Association’s SPIDEL section, Monday Ubani, has voiced his displeasure over the Kano court’s decision to dismiss Alex Otti as the Abia State Governor-Elect.

Justice Mohammed Yunusa of the Federal High Court in Kano ruled on Friday that Alex Otti polled wasted votes in the recent general election but refrained from ordering that Mr. Otti and the other candidates whose certificates of return were compromised have their election results withdrawn.

Onyekachi Monday Ubani

The Justice cited the failure of the Labour Party to submit its membership registers of Kano and Abia, to the Independent National Electoral Commission (INEC) preparatory to the party’s primary election as the basis for his verdict.

On Monday, Barrister Ubani, a guest on Channels Television’s Sunrise Daily, expressed disapproval of the court’s ruling, pointing out that Abia’s celebration of Otti’s triumph was unique.

He asserts that the tribunal should be in charge of dismissing a governor-elect and claims that the Kano justice did not follow the proper procedures in issuing the dismissal.

“It can’t stand, It is illogical, it is illegal, it is not in accordance with the electoral act and the Constitution I will call it nonsensical. You don’t do things that way.

“We must try as much as possible to do certain things that people will begin to look at us as a sane nation,” he said.

Ubani bemoaned that the pre-election matter should have been resolved within 14 days of the complaint, adding that because the results declaration and certificate of return had already been issued, the party who feels wronged must now go to court.

“That is the provision of section 285, subsection 9 of the 1999 constitution. The moment you don’t do it within that 14 days timeline, it is titled as bad and it can never be revived by any motion or by any other of the court,” he said.

The SPIDEL chairman claimed that INEC’s internal checks on the parties’ adherence to the submitted electoral legislation validated the procedure.