Achan Affidavit Achan v. Phelyx Ter Azegetor & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

UWANI MUSA ABBA AJI, JSC (Delivering the leading judgment)

The appellant, being the plaintiff at the trial court, was disqualified by the 2nd respondent for not purchasing the nomination form to contest the Sankera Federal Constituency primary election of the 2nd respondent, hence questioned the non-submission of his name to the 3rd respondent (INEC) for the 2023 general elections.

He stated that he made a deposit which was discounted to him because of his disability but to balance later. That he was issued the forms on 12/5/2022 after the deposit and made two installmental payments subsequently. That on the day of election, he contested against the 1st respondent and won, after being cleared by the party.

To his dismay, he received a message on 9/6/2022 from the party’s State Chairman that he was disqualified for failure to provide evidence of payment for purchase of nomination form.

Thus, that the 2nd respondent intended to submit the name of the 1st respondent who lost the primary election. Consequently, he approached the trial court vide originating summons.

The 1st respondent however at the trial court contended that the appellant was not even a candidate at the primary election of the 2nd respondent for Sankera Federal Constituency, having not been screened and cleared to contest the said primary election.

The trial court found for the appellant, which judgment was overturned by the lower court, hence this appeal by the appellant to this honourable court, wherein he has distilled these issues for the determination of this appeal as follows:

1. Is the case of the appellant rightly statute barred as decided by the court below?
2. Did the time for the appellant to file the suit at the court of first instance begin to run on or before the 9th day of June, 2022 and was the suit not filed timeously as decided by the court below?
3. Was the appellant from the available documentary evidence and circumstances of this case, not qualified to contest the primary election of the 2nd respondent to be its flag bearer for Katsina-Ala, Ukum and Logo Federal Constituency in the forthcoming elections of 2023 as decided by the court below?

The 1st respondent adopted all the 3 issues of the appellant for determination of this appeal. The 2nd respondent however distilled a lone issue thus:

1. Whether the lower court was right in holding that the appellant’s cause of action accrued on 26th May, 2022 and not on 9th day of June, 2022 and was therefore caught by the statute of limitation?

The 3rd respondent in his turn nominated a single issue for determination thus:

Whether the appellant’s action at the trial court was statute barred in view of the provisions of section 285 (9) of the 1999 Constitution?

Issue for determination:

I shall make use of the 2nd respondent’s issue for determination to consider the appellant’s issues one and two which resolution may determine the fate of the appellant’s issue three.

Whether the lower court was right in holding that the appellant’s cause of action accrued on 26th May, 2022 and not on 9th day of June, 2022 and was therefore caught by the statute of limitation?

The learned counsel to the appellant submitted that by exhibit Achan 12 at page 37 of the record, the cause of action of the appellant arose on 9/6/2022 and his originating summons was filed on 22/6/2022. He urged this court to resolve the issue in his favour.