A Federal High Court sitting in Abuja yesterday held that Independent National Electoral Commission (INEC) lacked the power to cancel, nullify, review, withdraw, void, invalidate either directly or indirectly, the certificates of return validly issued to the plaintiffs consequent upon their winning elections to represent their respective federal constituencies and senatorial districts in Katsina State, without an order of the court first sought and obtained.
Justice Gladys Olotu in her verdict affirmed in the suit filed by a faction of the Congress for Progressive Change (CPC) in Katsina State challenging the withdrawal of their certificates of return by INEC that by Section 68(1) and 75(1) of the Electoral Act 2010 over the withdrawal of their certificates of return by INEC.
The judge held that INEC acted ultra vires by withdrawing the certificates of return issued to two CPC senators and eight members of the House of Representatives.
The suit had INEC, Senate President, Speaker of the House of Representatives, the Clerk of the National Assembly, CPC and 10 members of the National Assembly as defendants.
The plaintiffs had urged the court to annul the certificates of return INEC issued to Senator Abubakar Sadiq Yar’adua, Senator Abubakar Sirika and eight other members of the House of Representatives, and also order the lawmakers to vacate their seats in the National Assembly.
The lawmakers, who are now in the National Assembly by virtue of the Supreme Court judgement are Mr. Sadiq Yar’Adua (Katsina Central Senatorial District), Hadi Sirika, (Katsina North), Ahmed Kaita, (Kankia/Kusada/ Ingawa federeal constituency), Salisu Salisco, (Kaita/ Jibiya constituency), Shiek Umar Abubakar, (Katsina federal constituency), Salisu Ado Daura (Daura/ Maiaduwa/ Sandamu constituency), Isa Lawa Doro, (Mani/ Bindawa constituency), Sani Bello Mashi, (Mashi/ Dutsi constituency), Abbas Machika, (Kankara/ Faskari/ Sabuwa constituency) and Dr Mansur Funtua, (Funtua/ Dandume constituency).
Justice Olotu in her ruling maintained that: “The plaintiffs are the candidates that contested and won the April 9, 2011 general elections into the National Assembly to represent their various federal constituencies and senatorial districts of Katsina State and certificates of return were issued to them within seven days of the declaration of the election results as provided by the Electoral Act and not the fifth to 14th defendants.”
The plaintiffs had asked the court to nullify the certificates of return INEC issued to Senator Abubakar Sadiq Yar’adua, Senator Abubakar Hadi Sirika and eight other members of the House.
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