Peoples Democratic Party (PDP) Vs Abdullahi Idris & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the leading judgment)

By an amended originating summons filed on 19/09/2022 before the Federal High Court, Damaturu, Yobe State, (the lower court), the 1st respondent, as plaintiff, sought the reliefs set out hereunder:

1. A declaration that it is unlawful for the 2nd defendant to recognize any candidate other than the plaintiff as its candidate for Gujba, Gulani, Tarmuwa and Damaturu Federal Constituency of the House of Representatives for 2023 general election.
2. A declaration that it is unlawful for the 1st defendant to change the name of the plaintiff with the name of late Muhammed M. Bukar as its candidate for Gujba, Gulani, Tarmuwa and Damaturu Federal Constituency for 2023 general election.
3. A declaration that any name of candidate submitted by the 1st defendant to the 2nd defendant not being the name of the plaintiff for Gujba, Gulani, Tarmuwa and Damaturu Federal Constituency is unlawful, null and void.
4. An order of this honourable court directing the 1st defendant to accept and treat the plaintiff as its candidate for Gujba, Gulani, Tarmuwa and Damaturu Federal Constituency for 2023 election.
5. An order of this honourable court directing the 2nd defendant to accept and treat the plaintiff as the substantive candidate of the 1st defendant for Gujba, Gulani, Tarmuwa and Damaturu Federal Constituency of the House of Representatives in the upcoming 2023 general elections.
6. An order of this honorable court compelling the 2nd defendant to recognize and treat the Plaintiff as the substantive candidate of the 1st defendant for Gujba, Gulani, Tarmuwa and Damaturu Federal Constituency of the House of Representative for the 2023 election.

The appellant and the 2nd respondent were the defendants to the amended originating summons. In the originating summons earlier filed on 27/07/2022, one Mohammed M. Bukar together with the appellant herein and the 2nd respondent were the original 1st, 2nd and 3rd defendants before the amendment, which was necessitated by the demise of the original 1st defendant.

The facts of the case leading to this appeal are amenable to easy comprehension. I will briefly sketch it as follows: The 1st respondent was selected in the appellants (PDP) primary election, in which he was the sole aspirant, las the candidate of the appellant in the 2023 general election for Gujba, Gulani, Tarmuwa and Damaturu Federal Constituency, Yobe State.

He was issued a certificate of return by the appellant and his name was forwarded by the appellant to the 2nd respondent (Independent National Electoral Commission) as the nominated candidate of the appellant. He filled in the nomination form and the 2nd respondent published his name as the candidate of the appellant. On inquiry at the Headquarters of the 2nd respondent on 25/07/2022, the 1st respondent was told that his name was substituted on 15/07/2022 by that of one Muhammed M. Bukar.

He wrote a protest letter to the appellant, the 2nd respondent and the Resident Electoral Commissioner, Yobe State, protesting the withdrawal of his name because he has at no time relinquished his candidature to the said Muhammed M. Bukar or anyone else.

There was no proceeding or hearing conducted by the appellant in respect of the complaint of the 1st respondent to ascertain whether or not he authorized the substitution of his name as candidate of the appellant. While the original action was pending, the said Muhammad M. Bukar, who was the 1st defendant in the original action passed away, hence the removal of his name on the amended originating summons, leaving only the appellant and the 2nd respondent.

In the counter-affidavit filed on behalf of the appellant, it was deposed that the 1st respondent withdrew his nomination on his own volition vide a letter written by him to the Yobe State Chairman of the Peoples Democratic Party dated 13/07/2022. The letter followed a Memorandum of Understanding between the 1st respondent and Muhammed M. Bukar also dated 13/07/2022 wherein the 1st respondent agreed to withdraw his nomination if his campaign expenses would be refunded.

Muhammed M. Bukar agreed to and did refund the sum of Five Million naira to the 1st respondent through the account of his friend, Salisu Ibrahim, which he provided. That the 1st respondent deposed to an affidavit in support of his notice of withdrawal before the High Court of Yobe State.

Consequently, the appellant sent a notice to the 2nd respondent informing it of its bye-election scheduled for 14/07/2022. At the bye-election held on 15/07/2022, Muhammed M. Bukar, being the sole aspirant, was selected as the candidate of the appellant and he filled and returned the nomination form to the 2nd respondent. The appellant filed along with its counter-affidavit in opposition to the originating summons, a notice of preliminary objection seeking the striking out of the suit for being incurably defective and fatally incompetent.

The lower court heard the preliminary objection together with the substantive suit and in a considered judgment delivered on 26/10/2022, dismissed the preliminary objection and entered judgment for the 1st respondent in the following terms:

In the final analysis, the plaintiff has successfully proved his case on the preponderance of evidence. Consequently, the plaintiff is hereby declared the validly nominated candidate of the 1st defendant for the election having emerged winner of the earlier conducted primary election.

Accordingly, this honourable court holds that the plaintiff remains the validly nominated candidate of the 1st defendant for the Gujba, Gulani, Tarmuwa and Damaturu Federal Constituency of Yobe State in the forthcoming 2023 General Elections. In the same vein, the primary election of 15th July, 2022 having no basis in law, is hereby declared null, void and of no effect together with its outcome. The 1st defendant is hereby ordered to present the name and details of the plaintiff to the 2nd defendant as its rightful candidate.

Peeved by this decision, the appellant approached this court with its notice of appeal dated and filed 07/11/2022, anchored on seven (7) grounds of appeal. Appellants brief of argument in which three issues were distilled for determination was filed on 18/11/2022 and adopted by J. J. Usman, SAN, leading Isiaka Kadiri, C. O. Ogbu and I. Q. Abbey, on 24/12/2022, when the appeal was argued. 1st respondents brief of argument, settled by M. N. Sadauki, Esq., led by Y. M. Liman, Esq., wherein the issues formulated in the appellants brief was adopted, was filed on 25/11/2022 and adopted by Y. M. Liman, Esq., with Mustapha Muhammad, Esq., on 24/12/2022, when the appeal came up for hearing. The 2nd respondent did not respond to the appeal by way of filing a brief of argument, just as it did at the lower court. A reply brief was also filed by the appellant which was equally adopted. The issues formulated by the appellant and adopted by the 1st respondent, are: