Dr. Alex Chioma Otti Vs Ibrahim Haruna Ibrahim & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment)

This appeal emanated from the judgment of Federal High Court, Kano, in suit No. FHC/KN/CS/107/2023, delivered on 18th May, 2023, by Hon. Justice M. N. Yunusa, whereof the learned trial Judge granted all the reliefs sought by the 1st respondent, and among other things, voiding the primary elections conducted by the 2nd respondent (Labour Party), for alleged failure to comply with the provisions of section 77(2) and (3) of the Electoral Act, 2022, and holding that the said voided Primary Elections of the 2nd respondent cannot produce eligible candidates to be sponsored by the 2nd respondent at the General Elections, and that the participations of the candidates of the 2nd respondent in the General Election in Kano State and Abia State were of no moment and a waste of time; that the votes for all the candidates of the 2nd defendant in Kano State and Abia State in the General Elections of 2023 were wasted votes.

Appellant was the Governorship candidate of the 2nd respondent at the 2023 General Election in Abia State and was declared winner of the Election conducted on 18th March, 2023.

The 1st respondent (one Ibrahim Haruna Ibrahim) filed the suit by way of originating summons on 11th May, 2023, after the pronouncement of the appellant as the Winner of Governorship Elections in Abia State, but he did not join the appellant as a party to the suit. Appellant, therefore, appealed against the decision of the lower court, as an interested party, upon being granted leave to do so by this court.

The reliefs sought by the 1st respondent (as plaintiff) at the lower court, and the questions for determination by the court, were as follows:

(1) A declaration that every registered Political Party is bound to comply with the provisions of the Electoral Act in the conduct of its activities and any activity of the Political Party not done in compliance with the provisions of the Electoral Act are void, ab initio.

(2) A declaration that the 1st defendant has carried on with its activities in the selection of its candidates for the General Election in a manner that is at variance with mandatory provisions of the Electoral Act, 2022, which renders its participation in the General Elections of 2023 in Kano State and the rest of 35 States of the Federation, including Federal Capital Territory as null and void.

(3) A declaration that the 2nd defendant (Independent National Electoral Commission was bound to insist on receiving the Register of Members of the 1st defendant (Labour Party) in both hard and soft copies in Kano State and the rest of the 35 states of Federation and the FCT at least 30 days before the 1st defendant conducted its Primary Elections for its candidates that participated in the General Elections of 25th of February 2023 and 18th of March 2023 respectively in Kano State and throughout the Federation in compliance with the provisions of section 77(3) of the Electoral Act, 2022.

(4) A declaration that the failure of the 1st defendant to submit its Register of members in Kano State and the rest of the 35 States of the Federation and the Federal Capital Territory is in cross breach of the provisions of section 77(3) of the Electoral Act and renders the purported Primary Elections of the 1st defendant invalid, null and void and of no effect.

(5) A declaration that the fundamentally flawed Primary Elections of the 1st defendant (Labour Party) as a result of failure to comply with the mandatory provisions of sections 77(2) and cannot produce a qualified candidate that participated in the General Elections as held on the 25th of February, 2023 and 18th of March 2023 respectively for all the elective positions in Kano State and the rest of the 35 States of the federation and the Federal Capital Territory.

(6) A declaration that the void Primary Elections of the 1st defendant cannot produce eligible candidates to be sponsored by the 1st defendant in the General Election and the participation of the candidates of the 1st defendant in the Elections in Kano State and the rest of the 35 States of the Federation is moment and waste of time.

(7) A declaration that the votes, cast for all the candidates of the 1st defendant in Kano State and the rest of the 35 States of the Federation and the FCT in the General Elections of 2023 are wasted votes.

(8) An order of this honourable court setting aside the nominations and participation of all the candidates of the 1st defendant in Kano State and the rest of the 35 States of the Federation where the candidates of the 1st defendant Participated in the 2023 General Elections.

(9) An order of this honourable court revoking and/or setting aside the certificates of return issued to all the candidates of the 1st defendant declared winners and returned as duly elected in Kano State and the rest of the 35 States of the Federation and the Federal Capital Territory.