Waziri v. P.D.P. (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Lead Judgment)

The appellant herein is a native of Yola South Local Government Area of Adamawa State and a member of the 1st respondent, the Peoples Democratic Party (PDP).

He indicated his interest to contest the upcoming Governorship Election for 2023 as a candidate of the party by purchasing an expression of interest and nomination form for the said office.

He contends that he fulfilled all the requirements stipulated in the 1st respondent’s guidelines but was surprisingly disqualified by the party’s screening panel on the ground that he had not paid his dues. He appealed against his disqualification to the Party’s Governorship Primary Appeal Panel.

The appeal panel found that he had fulfilled the necessary conditions and allowed his appeal. Notwithstanding this clearance, the National Working Committee of the 1st respondent issued a certificate of disqualification signed by its National Chairman, Secretary and Organising Secretary.

​Believing that the said disqualification was a scheme to edge him out of the 2022 Governorship Primary Election and impose an unpopular candidate on the people of Adamawa State, he filed an Originating Summons on 12/5/2022 before the Federal High Court, Abuja Division, seeking the determination of the following questions:

1. Whether having regard to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2022, Constitution and Guidelines of the 1st Defendant, the Plaintiff is not qualified to contest the Gubernatorial Primary Election of the 1st Defendant for the selection/election of the 1st Defendant’s Governorship Candidate in the 2023 Governorship Election for Adamawa State.
2. Whether the 1st Defendant can lawfully disqualify or bar the Plaintiff from contesting the gubernatorial primary election of Adamawa State for the election of the Governorship [sic] for 2023 general election on grounds other than those stipulated in the Constitution of the Federal Republic of Nigeria (as amended).
3. Whether the Plaintiff is not entitled to contest the gubernatorial primary election of the 1st Defendant for the election of its Governorship Candidate for the election of Governor of Adamawa State.
4. Whether having been found qualified and cleared to contest election by the Gubernatorial Screening Appeal Panel, after full hearing of the complaint, the 1st Defendant can still surreptitiously issue the Plaintiff with a disqualification certificate.

In event that the questions are answered in his favour, he sought the following reliefs:

1. A DECLARATION that the Plaintiff is duly qualified to contest the gubernatorial primary election of the 1st Defendant in Adamawa State for the selection/election of the 1st Defendant’s candidate for the Governorship election in Adamawa State.
2. A DECLARATION that the 1st Defendant cannot arbitrarily and capriciously disqualify the Plaintiff from contesting the Gubernatorial Primary Election in Adamawa State on grounds other than those stipulated in the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and to disallow the Plaintiff to participate in the processes leading to the election including failure to issue nomination forms (Forms EC9 and EC9B) is illegal and unconstitutional.
3. A DECLARATION that the 1st Defendant cannot issue the Plaintiff with a certificate of disqualification after the 1st Defendants appeal panel had adjudged and declared the Plaintiff qualified, eligible and cleared him to so contest.
4. A DECLARATION that the purported disqualification of the Plaintiff from contesting the 1st Defendant’s Gubernatorial Primary Election in Adamawa State is unconstitutional, illegal, invalid, null and void and of no effect whatsoever.
5. AN ORDER restraining the 1st Defendant from excluding or disallowing the plaintiff from contesting the Gubernatorial Primary Election in Adamawa State for the selection of its gubernatorial Candidate for the 2023 general election in Adamawa State.
6. AN ORDER restraining the 2nd Defendant from accepting the result of any primary election of the 1st Defendant in which the Plaintiff was not allowed to contest.
7. AN ORDER directing the 1st Defendant to allow the Plaintiff to contest the Gubernatorial Primary Election on its Platform for the 2023 general election.
8. AN ORDER of perpetual injunction restraining the 1st Defendants whether by itself, agents, privies, officers or by whosoever from conducting the forthcoming gubernatorial primary election for Adamawa State to the exclusion of the Plaintiff.

9. AND FOR SUCH ORDERS OR FURTHER ORDERS that this Honourable Court may deem fit to make in the circumstance of this case.

The Summons is supported by an affidavit with exhibits annexed thereto. The appellant also filed a motion for interlocutory injunction to restrain the 1st respondent from excluding him from the primary election. He filed a further and better affidavit in support of the Originating Summons. The Governorship Primary Election eventually took place on 25/5/2022. The appellant filed an application seeking to set aside the conduct of the said primary on the ground that it was conducted in total disregard of the existing suit challenging his disqualification.

​Upon service of the appellant’s processes on it, the 1st respondent filed a counter affidavit to the originating summons and a preliminary objection challenging the jurisdiction of the Court to entertain the suit on the ground that the appellant lacks the locus standi to institute the action and that the appellant’s case is a pre-primary matter which falls within the domestic affairs of a political party and therefore not justiciable. The 2nd respondent did not file any process at the trial Court and remained neutral at that stage.

At the hearing of the suit, the preliminary objection and other pending applications were heard alongside the Originating Summons. In a considered ruling delivered on 18th July, 2022, the 1st respondent’s preliminary objection was upheld and the appellant’s suit struck out. The Court held that the appellant lacked the locus standi to institute the action having not participated in the primary election.

The appellant was dissatisfied with the decision and appealed to the Court below. In its judgment delivered on 19th September 2022, the Court upheld the ruling of the trial Court and dismissed the appeal.

The appellant is still dissatisfied and has further appealed to this Court vide his Notice of Appeal filed on 30/9/2022 containing 9 grounds of appeal.

​At the hearing of the appeal on 7/11/2022, L.M. Alozie, SAN, adopted and relied on the Appellant’s brief filed on 14/10/22, reply to 1st respondent’s brief filed on 2/11/2022 and reply to 2nd respondent’s brief filed on 4/11/2022 in urging the Court to allow the appeal. By way of brief adumbration, he submitted that the appeal raises a recondite issue not previously decided by this Court vis a vis the mandatoriness of Section 84(3) of the Electoral Act, 2022. M.A. Magaji, SAN adopted and relied on the 1st respondent’s brief filed on 28/10/2022 in urging the Court to dismiss the appeal.

He maintained that the subject matter of appellant’s suit is within the domestic affairs of the 1st respondent. Bashir M. Abubakar Esq. adopted and relied on the 2nd respondent’s brief filed on 4/11/2022 in urging the Court to dismiss the appeal.