Labour Party sues INEC over exclusion from Enugu senatorial by-election

Nigeria's Labour Party (LP) has taken legal action against the Independent National Electoral Commission (INEC), accusing the electoral body of unlawfully excluding its candidate from the upcoming senatorial by-election for the Enugu North District. The by-election, scheduled for June 20, was triggered by the death of the former senator, Okey Ezea.

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At the well-attended primary election, which attracted thousands of party members from the six local government areas that make up the senatorial district, Amb. Simon Ejike Eze, a distinguished diplomat, emerged as the consensus candidate of the party.

The LP lodged its suit at the Federal High Court in Abuja on Monday, June 8. The party and its candidate, Simon Eze, are listed as plaintiffs, with INEC as the sole defendant. The LP is urgently requesting the court to expedite the hearing and to permit the service of court processes through courier or alternative means. Furthermore, the party seeks an interlocutory injunction to halt INEC from publishing the final list of candidates for the district's by-election, or taking any action that could nullify Eze's nomination or participation.

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The party is, however, deeply concerned that despite complying with all statutory requirements and procedural guidelines, it was denied access to upload the particulars of its candidate on INEC’s nomination portal.

The LP argues that this matter falls under pre-election jurisprudence, governed by Section 285(9) of the 1999 Constitution and the Federal High Court's pre-election Practice Directive. The party contends that without an accelerated hearing, the suit risks becoming irrelevant once the election takes place.

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The Labour Party maintains that it fulfilled every legal and administrative obligation required under the Electoral Act and INEC’s extant regulations in the nomination of its candidate.

Ken Asogwa, the LP's national spokesperson, stated that the party had informed INEC on May 11 of its intention to hold primaries on May 25 for the by-election, following the commission's release of the timetable. "At the well-attended primary election, which attracted thousands of party members from the six local government areas that make up the senatorial district, Amb. Simon Ejike Eze, a distinguished diplomat, emerged as the consensus candidate of the party," Asogwa said. He expressed deep concern that despite adhering to all statutory requirements and procedural guidelines, the party was denied access to upload its candidate's particulars on INEC’s nomination portal. Asogwa asserted that the LP fulfilled every legal and administrative obligation under the Electoral Act and INEC's regulations for nominating its candidate, making the exclusion inexplicable.

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It is therefore difficult to understand the basis upon which the party has been excluded from an election in which it has a legitimate and undeniable stake.