General Mohammed A. Garba (Rtd) V. Mustapha Sani Mohammed & Ors (2016)

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KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 5/6/2015 setting aside the judgment of the Federal High Court, Minna Division delivered on 25/3/2015 for want of jurisdiction and for its failure to consider and determine the preliminary objection challenging its jurisdiction. The Court below transferred the suit to the Niger State High Court for reassignment to another Judge for speedy hearing and determination.

The facts that gave rise to this appeal are as follows:

On 8th and 10th December 2014 the 2nd respondent, the All Progressives Congress (APC) conducted primary elections to select its candidate for the office of Senator representing Niger South Senatorial District in the general elections, which took place on 28/3/2014. The appellant, the 1strespondent and two other candidates contested the said primaries. The 1st respondent was declared the winner while the appellant came second. The 1st respondent’s name was submitted to the Independent National Electoral Commission (INEC) as the 2nd

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respondent’s candidate for the said Senatorial District. The appellant was dissatisfied with the outcome and appealed to the Appeal Committee of the 2nd respondent. His contention was that the 1st respondent was not a member of the party, According to the appellant, the National Working Committee of the 2nd respondent (not the Appeals Committee) recommended that the 1st respondent be disqualified. The appellant was given Form CF001 and an INEC nomination form, which he completed and submitted to the Commission (3rd respondent). However, the 3rd respondent refused to substitute his name without a Court order compelling it to do so. Consequently, the plaintiff/appellant filed an originating summons at the Federal High Court, Minna, seeking various reliefs against the respondents on the ground that the 1st respondent was not a registered member of the 2nd respondent and therefore ought not to have been returned as the winner of the primary election held on 10/12/2014 and his name ought not to have been forwarded to INEC as the party’s candidate for the general election. He subsequently filed an amended originating summons with leave of Court.

Therein he

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sought the determination of the following questions:

1. Whether having regard to the provisions of Articles 9, 9.1 to 9.4 of the All Progressives Congress (APC) Constitution and Paragraphs 3, 4 (A) and (B) of the All Progressives Congress (APC) 2014 Guidelines for the Nomination of Candidates for Public Office and Section 65 (2) (B) of the 1999 Constitution (as amended) the 1st defendant is not disqualified from participating in the 2nd defendant’s primary election for Niger South Senatorial District held on 10th of December 2014 and the general election slated for March 28, 2015 by reason of not being a registered member of the 2nd defendant.
2. Whether having regard to the provisions of Section 31 (5) & (6) of the Electoral Act 2010 (as amended) the 1st defendant is not disqualified from participating in the Niger South Senatorial Election 2015 having given false information as to his membership of the 2nd defendant in the affidavit, Form CF 001, he submitted to the Independent National Electoral Commission.
3. Whether having regard to the provisions of Section 87 of the Electoral Act 2010 (as amended) and Article 9 of the All Progressives

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Congress constitution, the plaintiff is not the person entitled to have his name submitted to the Independent National Electoral Commission as the candidate of the 2nd Defendant in the Senatorial Election for Niger South Senatorial District 2015 having won the majority of the lawful votes cast in its primary election from the qualified aspirants.

In the event that the above questions were resolved in his favour, the appellant sought the following reliefs:

(a) A declaration that the 1st defendant is not a registered member of the 2nd defendant within the meaning of the 2nd defendant’s Constitution.

(b) A declaration that the 1st respondent was not qualified to have participated in the primary election of the 2nd defendant held on the 10th day of December 2014 for Niger South Senatorial District.