Alhaji Mustapha Aliyu Wushishi V. Engr. Mohammed Jibril Imam & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

This appeal is against the judgment of the Court of Appeal Holden at Abuja in appeal No. CA/A/255/2015 delivered on the 4th day of February, 2016 in which the Court dismissed the appeal of appellant against the judgment of the Federal High Court Holden at Minna in suit No. FHC/MN/CS/EPT/35/2014 delivered on the 25th day of March, 2015 whereby the Court struck out the pre-election suit of the appellant, then plaintiff, on grounds of lack of locus standi.

The facts relevant to the appeal include the following:-

The action was a pre-election matter in which appellant challenged the outcome of the primary election conducted by the All Progressive Congress (A.P.C.) for the nomination of its Governorship candidate in Niger State for the recently conducted 2015 general election.

Appellant is a card carrying member of the All Progressive Congress (A.P.C.) political party who desired to contest nomination of the party as the gubernatorial candidate for the Niger State Governorship election of 2015. He obtained the nomination Form, Zonal clearance and Expression of Intent

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Forms in accordance with the provisions of the All Progressives Congress (hereinafter referred to as A.P.C.) Constitution and Guidelines for Nomination of Candidates for Public Offices. The above named forms were exhibited to the affidavit in support of the Originating Summons and marked Exhibits A, B and ‘C’ respectively.

However appellant did not participate or contest as a candidate at the A.P.C. primary election for the nomination of its governorship candidate for the said election held on the 4th day of December, 2014. Appellant was dissatisfied with the outcome of the primary election particularly as he felt wrongly excluded in the contest and consequently instituted an action at the Federal High Court, Minna for the determination of the following question:-

1.1 Whether considering the provisions of Article 9.1, Sub i, ii, iv, Article 9.3, Sub i and ii, Article 20 Sub iv (a) (b) of the Constitution of the All Progressives Congress (A.P.C.) 2013 and Section 2, 3, Sub 2, Section 4 Sub d of the All Progressives Congress Draft Guidelines for the nomination of candidates for the public offices in Nigeria and Section 40 at

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the 1999 Constitution of Nigeria, any party member or the Appellant was validly qualified to aspire for the office of Governorship position and run primaries under the platform of All Progressives Congress, having paid the prescribed expression of interest nomination fees for the Gubernatorial election of Niger State under the platform of All Progressives Congress.

1.2 Whether or not the provision of the All Progressives Congress Guidelines for pages 1, 2, 5 and Article 9.3 Sub i & ii of the All Progress Congress (A.P.C.) Constitution 2013, the Appellant was validly qualified to run the primaries for the Gubernatorial election of Niger State held on 4/12/2014, with other contestants, under the platform of All Progressives Congress (A.P.C.) in Niger State.

1.3 Whether or not having observed the provisions of Article 9.3 Sub i & ii, Article 9.1 Sub I, (ii) (iv) of the All Progressives Congress (A.P.C)., 2013 Constitution, the Appellant was validly shut out by the 1st and 2nd Respondents by refusing to give the Appellant a nomination form to contest for the primaries of the gubernatorial primaries of the All Progressives Congress (A.P.C.) held in

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