Abdulrahaman Mansur v. Peoples Democratic Party (PDP) & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment)

Appellant filed this appeal on 10th January, 2023, against the judgment of the Federal High Court, Kano, in suit No. FHC/KN/CS/183/2022, delivered on 30th December, 2022 by Hon. Justice A.M. Liman, wherein the learned trial court granted the reliefs sought, in part, but ordered for the conduct of fresh primary election, to select candidate for 1st respondent for Dala Federal Constituency seat of the House of Representatives, for the 2023 General Election

At the trial court, appellant, as plaintiff, had filed a pre-election suit, challenging the declaration of the 2nd respondent as the flagbearer of the 1st respondent for the House of Representative election, representing Dala Federal Constituency, in the forthcoming 2023 general elections. Appellant had obtained form, filled same, was screened and cleared to contest the primary election.

He said that on the date fixed for the primary election, that is, 22/5/2022, he scored the highest number of votes (28 of the 37 delegates) and was declared the winner of the election, but his name was wrongly substituted with that of the 2nd respondent, who did not win any vote at the primary election.

He said that the 3rd respondent (INEC) monitored the primary election that produced him as the winner, but rather published the name of the 2nd respondent. He referred us to the INEC report (exhibit INEC1) and to 1st respondents report exhibit (ABDUL7) on pages 31 – 35 of the records of appeal.

After hearing the parties and perusing the processes filed by them, including the process filed by the 1st respondent (INEC), the learned trial court, ordered for fresh primaries election and for same to be conducted within 14 days, following a motion by the 2nd respondent, that a similar order was made by another Judge in a sister case, FHC/KN/CS/199/2022, involving the same parties.

Appellants notice of appeal was filed on 10/1/2023, as per the endorsement on pages 1397 – 13401 of the records of appeal, which disclosed 4 grounds of appeal. Appellant transmitted the records of appeal to this court on 19/1/2023, and filed his brief of argument on 1/2/2023.

In the brief, appellant distilled a lone Issue for the determination for the appeal, as follows:

Whether, having regards to the totality of the evidence adduced by parties to this suit and the decision of the lower court in the cases of Farouk Bashir v. Peoples Democratic Party & 2 Ors, suit No: FHC/KN/CS/181/2022 and Suleiman Khalid Aminu v. Peoples Democratic Party & 2 Ors. suit No: FHC/KN/CS/184/2022, determined by the lower court to the extent that the plaintiffs in those two cases won their primary election for Tarauni and Gwale Federal Constituencies, respectively, in respect of House of Representative primary election conducted on the same 22nd May, 2022 by the same Electoral Committee, under similar facts and circumstances, the lower court was right in making an order for a fresh primary election in Dala Federal Constituency, instead of making an order of publication of the appellants name who won the primary election as candidate of the 1st respondent. (Grounds 1, 2, 3 and 4)

The 1st respondent filed its brief on 9/2/2023, and raised a preliminary objection therein, challenging the competence of the appeal, on the ground that this court cannot assume jurisdiction to do what the trial court ought to have done. In the alternative, the 1st respondent formulated 2 issues for the determination of the appeal, as follows:

(1) Whether in the light and circumstances of this suit, the appellant’s suit as filed before the trial court is not statute-barred. (Grounds 1 & 2)

(2) Having regard to the evidence adduced by the appellant before the trial court, whether the appellant who did not participate in the primary election conducted by the National Working Committee of the 1st respondent have (sic) the requisite locus standi to institute this suit on the grounds that he was an aspirant at the primary election conducted on 22nd day of May, 2022. (Grounds 3 and 4)

The 2nd respondent distilled a lone issue for the determination of the appeal, as follows:

Whether the trial court has delivered any judgment in the circumstances of this matter and whether the trial court only delivered a ruling on 30th day of December, 2022 in respect of the respondents motion on notice dated 5th December, 2022 and filed on 6th December, 2022 and whether the trial court was wrong when it declined jurisdiction from further exercising judicial powers on the matter (Suit No. FHC/KN/CS/183/2022) on ground of issue estoppels, having regard to the fact that the subject matter of litigation/issues (the 1st Defendants primary election for the said post of member of House of Representatives Dala Federal Constituency conducted on 22nd May, 2022) therein were finally determined in another matter (Suit No. FHC/KN/CS/199/2022 Between Bashir Muhammed Yusuf v. Nura Lawan & 2 Ors. by Federal High Court No. 2 Kano Judicial Division by the Hon. Judge M. N. Yunusa, who nullified the 1st defendants/ respondents Primary Election for the said post of Member House of Representatives, Dala Constituency conducted on 22nd May, 2022 and ordered for a fresh primary election in respect of the said post and Constituency.