Labour Party V. Independent National Electoral Commission (2009)

LAWGLOBAL HUB Lead Judgment Report

F. OGBUAGU, J.S.C

This is an appeal against that Part of the decision of the Court of Appeal, Kaduna Division (hereinafter called “the court below” delivered on 10th April, 2008 in respect of a reference of constitutional questions from the Federal High Court, Katsina, to the court below on 11th March, 2008. The Appellant in its Brief states that;

“The Court of Appeal rightly and correctly answered the 1st Question and part of the 3rd Question, but most respectfully failed to answer the 2nd Question in accordance with its correct statement of the law in answer to the 1st Question and part (a) of the 3rd Question”

This is the crux of the instant appeal, the determination of which, should have been brief having regard to the two issues of the Appellant. But the Respondent has raised a Preliminary Objection in its brief and the Appellant has filed a Reply Brief. I am therefore, obliged to go into the matter leading to the said reference.

From the Records at pages 10 and 11, by an Originating Summons, at the Federal High Court, Katsina, the Appellant submitted the following questions for determination”

“(1) Whether by the combined effect of section 221 of the Constitution of the Federal Republic of Nigeria 1999, Section 32(7) of the Electoral Act 2006, and paragraph 27(3) of the 1st Schedule to the Electoral Act, 2006, the Plaintiff is not entitled to submit to the Defendant, and the Defendant mandated to receive from the Plaintiff the Plaintiff’s List of Candidates for any bye-election, fresh election or new election into any elective office to be conducted by the Defendant in any part of Nigeria, including Adamawa State of Nigeria.

(2) Whether by virtue of the Supreme Court decisions in Ugwu vs. Ararume (2007) 12 NWLR (1048) 367 and Amaehi vs. INEC & Ors (2007) 18 NWLR (1065) 98, it is not the prerogative of the Plaintiff to nominate and sponsor candidates of her choice for any forthcoming bye-election, fresh election or new election to be conducted in Nigeria or any part thereof including Adamawa State.

(3) Whether, in the light of the decision of the Court of Appeal in Independent National Electoral Commission & ors. vs. Action Congress & ors. CA/J/EP/GOV/419/2007, delivered on 26th February 2008 upholding the nullification of the April 14, 2007 governorship election in Adamawa State, and ordering a fresh or bye-election, the Plaintiff is not entitled to submit a List of Candidates for the said fresh, new or bye-election for the office of Governor of Adamawa State of Nigeria as required by section 32(7) of the Electoral Act 2006”

It then stated under “STATEMENT OF RELIEFS SOUGHT”, that “If the answers to the above questions are in the affirmative, the Plaintiff claims against the Defendant as follows:

1. A DECLARATION of this Honourable Court that by the combined effect of section 221 of the Constitution of the Federal Republic of Nigeria 1999, section 32(7) of the Electoral Act 2006, and paragraph 27(3) of the 1st Schedule to the Electoral Act, 2006, the Plaintiff is entitled to submit to the Defendant, and the Defendant mandated to receive, the Plaintiff’s List of Candidates for any bye-election, fresh election or new election into any elective office to be conducted by the Defendant in any part of Nigeria, including Adamawa State of Nigeria.
2. A DECLARATION of this Honourable Court that by virtue of the Supreme Court decisions in Ugwu vs. Ararume (2007) 12 NWLR (1048) 367 and Amaechi vs. INEC & Ors. (2007) 18 NWLR (1065) 98, it is the prerogative of the Plaintiff to nominate and sponsor candidates of her choice for any forthcoming bye-election, fresh election or new election to be conducted in Nigeria or any part thereof including Adamawa State.
3. A DECLARATION of this Honourable Court that in the light of the decision of the Court of Appeal in Independent National Electoral Commission & Ors. vs. Action Congress & Ors. CA/J/EP/GOV/4I9/2007, delivered on 26th February 2008 upholding the nullification of the April 14, 2007 governorship election in Adamawa State, and ordering a fresh or bye election, the Plaintiff is entitled to submit a List of Candidates for the said fresh, new or bye-election for the office of Governor of Adamawa State of Nigeria as required by section 32(7) of the Electoral Act 2006.
4. AN ORDER of this Honourable Court directing the Defendant to receive from the Plaintiff her List of Candidates for the said bye-election, fresh election or new election to any elective office in Nigeria, and in particular, the scheduled bye-election, fresh or new election to the office of Governor of Adamawa State of Nigeria, and to allow the Plaintiff to participate in the said bye-election, fresh election or new election by the nomination and sponsorship of a candidate of her choice.”

The Respondent joined issues with the Appellant and on the said 12th March, 2008, the Appellant, moved the said Federal High Court to refer three questions to the Court of Appeal for interpretation, namely:

“(a) Whether having regard to sections 221 and 229 of the Constitution of the Federal Republic of Nigeria, the right of a political party to nominate and sponsor candidates of her choice for an election is limited to general elections, and does not apply to bye-elections, fresh elections or new elections.

(b) Whether the fresh election ordered to be held after the nullification of the April 14, 2007 governorship election in Adamawa State by the said decision of the Court of Appeal in Independent National Electoral Commission & ors. vs. Action Congress & ors. CA/J/EP/GOV/419/2007 is a general election under the Constitution of the Federal Republic of Nigeria 1999 or a bye-election under section 32(7) of the Electoral Act 2006.

(c) Whether by the combined effect of section 221 of the Constitution of the Federal Republic of Nigeria 1999:, section 32(7) of the Electoral Act 2006, and paragraph 27(3) of the 1st Schedule to the Electoral Act, 2006, a political party registered in Nigeria is entitled to submit to the Independent National Electoral Commission, and the Commission mandated to receive from the political party, a List of Candidates for any bye-election, fresh election or new election into any elective office to be conducted upon the nullification of a previous election by an Election Tribunal.”

As stated above, the court below, on 10th April, 2008, answered the said questions. The Appellant complains in this Court, that the court below, “failed to correctly answer the question as to the right of the Appellant to participate in the scheduled new or bye-election to the office of Governor of Adamawa State”