Abbah Tukur v. Sen. Ahmed Babba Kaita (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED BABA IDRIS, JCA (Delivering the leading judgment)

By an originating summons filed on the 9th day of June, 2022, before the Federal High Court sitting at Katsina State, the appellant as plaintiff in the lower court, instituted the action giving rise to this appeal wherein he sought for the determination of the following questions:

(1) Whether by virtue of the provisions of section 8(8) of the Constitution of the Peoples Democratic Party and PDP Electoral Guide for Primary Elections 2022 a person who desires to rejoin the party after leaving shall apply in writing to his Ward Secretary for re-admission.

(2) Whether the 1st respondent who emerged as the winner of the PDP 2022 Senatorial Primary Election Daura Senatorial Zone, Katsina State Chapter satisfies the condition stipulated by section 8(8) of the Constitution of the Peoples Democratic Party and PDP Electoral Guide for Primary Elections 2022 in rejoining the Party.

(3) Whether the 1st respondent is a bonafide member of Peoples Democratic Party and can participate in the just concluded Senatorial Primary Election, Daura Senatorial Zone, Katsina State conducted by the 2nd respondent.

(4) Whether the act of the 2nd respondent returning the 1st respondent as a winner of the PDP 2022 Senatorial Primary Election, Daura Senatorial Zone, Primary Election, should not be declared null and void.

(5) Whether having regard to section 84 of the Electoral Act, 2022 1st respondent can validly participate in the 2nd respondent Senatorial Primary Election, Daura Senatorial Zone, 2022 having not resigned formally with his Party. All Progressive Party APC and having not complied with section 8 of the People Democratic Party (PDP) to rejoin the party.

(6) Whether the Electoral Act 2022 has made provision for a candidate to have dual party membership at the same time and whether the participation of the 1st respondent into Senatorial Primary Election, Daura Senatorial Zone, without resigning his party APC and re-joining the Party is not null void and with no effect whatsoever.

And the applicant seeks the following reliefs:

(1) A declaration that by virtue of the provision of section 8(8) of Constitution of Peoples Democratic Party PDP Electoral Guide for Primary Elections 2018 a person who desires to rejoin the party after leaving shall apply in writing to his Ward Secretary for re-admission.

(2) A declaration that the 1st respondent did not satisfy the condition stipulated by section 8(8) of the Constitution of the Peoples Democratic Party and PDP Electoral Guide for Primary Elections 2022 in rejoining the party, thus, ought not to participate in the just concluded PDP Senatorial Primary Election, Daura Senatorial Zone Primary Election, Katsina State Chapter conducted by the 2nd respondent.

(3) A declaration that the return of the 1st respondent as winner of the PDP Senatorial Primary Election, Daura Senatorial Zone, Katsina State Chapter by the 2nd respondent is null and void.

(4) An order directing the 3rd respondent not to recognize the 1st respondent as the 2nd respondents flag bearer in the forthcoming Senatorial Election, representing Daura Senatorial District in the general election scheduled for 2023; having not and or failed to comply with the People Democratic Party Constitution 2017 and Electoral Act 2022.

(5) An order directing the 2nd respondent to conduct fresh Primary Election into the office of the Senatorial Candidate, representing Daura Senatorial District, the 1st respondent having not fulfilled the requirement of law to qualify for the Election.