Abdullahi V. Loko & Ors (2022)

LAWGLOBAL HUB Lead Judgment Report

ADAMU JAURO, J.S.C.

This is an appeal against the decision of the Court of Appeal, Abuja division affirming the judgment of the High Court of the Federal Capital Territory, Abuja which granted the prayers of the 1st Respondent sought on the face of his amended originating summons filed on 10th September, 2021.

STATEMENT OF FACTS

​The 2nd Respondent conducted a primary election to elect its Chairmanship candidate for Abaji Area Council of the Federal Capital Territory at which five aspirants including the Appellant and 1st Respondent participated. The Primary election was held on 23rd April, 2021 in accordance with the Constitution of the 2nd Respondent and Guidelines issued by the 2nd Respondent. At the conclusion of the primary election exercise, the 1st Respondent was declared winner with 150 votes as against the Appellant who scored 123 votes. The 1st Respondent deposed in his affidavit in support of his amended originating summons that, contrary to the outcome of the election, the 2nd Respondent submitted the name of the Appellant as its Chairmanship candidate for the Abaji Area Council election, to the 3rd Respondent.

According to the 1st Respondent’s narrative, the 3rd Respondent whose officials monitored the primary election of the 2nd Respondent failed to seek clarification from the 2nd Respondent before accepting the name of the Appellant as candidate for the Abaji Area Council Chairmanship Election.

Appellant’s case on the other hand is that the Primary Election Committee recorded scores for aspirants without confirming the number of ballot papers thumb-printed for the aspirants. That the Chairman of the Election Committee announced the result of the election but did not announce the total number of accredited voters, invalid votes and total valid votes cast before he left the venue of the primary election. The Appellant stated further that he submitted a petition to the Appeal Committee which was investigated by the Appeal Committee.

The Committee was said to have invited the 1st Respondent who made his representation before a decision was taken in favour of the Appellant. That the Caretaker/Extraordinary Convention Planning Committee of the 2nd Respondent accepted the Report of the Appeal Committee which declared him as the winner of the Abaji Chairmanship Primary Election consequent upon which his name was forwarded as candidate of the 2nd Respondent to the 3rd Respondent.

It is against the backdrop of the above facts that the 1st Respondent as Claimant filed an amended originating summons at the High Court of the Federal Capital Territory, Abuja seeking for the determination of four (4) questions to wit:

1. “Whether having regard to the provisions of Section 87(4) (d) of the Electoral Act, 2010 (as amended) and INEC Form: INEC/EPMC/09 dated 23rd of April, 2021, the 1st Defendant was not manifestly wrong in law when, it accepted and published the name of the 3rd Defendant as the Candidate of the 2nd Defendant for the Area Council Chairmanship Election slated for the 12th day of February, 2022 despite the fact that it was the Claimant who was declared the winner of the 2nd Defendant’s Primary Election held on the 23rd of April, 2021 at Abaji Area Council which was supervised by the 1st Defendant in whose presence the declaration of the Claimant as the winner of the primary election was made.
2. Whether having regard to the provisions of Section 87(4)(d) of the Electoral Act, 2010 (as amended) ​ and Paragraph 14(b) (viii) of the APC Guidelines for the Nomination of Candidates for the FCT Area Council And Ward Elections, 2021, the 2nd Defendant was not wrong when it forwarded the name of the 3rd Defendant to the 1st Defendant as her nominated candidate for the Chairmanship of Abaji Area Council for the Area Council Chairmanship Election to be held on the 12th day of February, 2022 despite the fact that the Claimant scored the Highest number of lawful votes and was declared winner of the 2nd Defendant’s Primary election conducted on the 23rd day of April, 2021 in the Presence of the 1st Defendant who supervised the said Primary election.
3. Whether upon a proper interpretation and application of the provision of Section 87(4)(d) of the Electoral Act 2010 (as amended) and Paragraph 14(b) (viii) of the APC Guidelines for the Nomination of Candidates for the FCT Area Council and Ward Elections, 2021, the Claimant’s name ought not to have been submitted to the 1st Defendant and published by the 1st Defendant as the Candidate of the 2nd Defendant in the Area Council election slated for the 12th day of February, 2022, the Claimant having scored the highest lawful votes cast and declared Winner of the 2nd Defendant’s Primary election conducted on the 23rd day of April, 2021.
4. Whether upon a proper interpretation and application of the combined provisions of Section 87 (4) (d) of the Electoral Act, 2010 (as amended), Article 20 of the Constitution of the All Progressives Congress and Paragraph 14(b) (viii) of APC Guidelines for the Nomination of Candidates for the FCT Area Council and Ward Elections, 2021, the submission of the 3rd Defendant’s name as Candidate of the 2nd Defendant in the forthcoming Local Government Chairmanship Election slated for the 12th day of February, 2022 and the subsequent publication of same by the 1st Defendant is not null and void and ought to be nullified in view of the fact that it was the Claimant that scored the highest lawful votes cast and was declared the winner of the 2nd Defendant’s Primary election conducted on the 23rd day of April, 2021.”

In the event of a favourable answer to the aforementioned questions, the 1st Respondent sought for the following reliefs:

1. “A DECLARATION that by the provision of Section 87(4) (d) of the Electoral Act, 2010 (as amended) and INEC Form: INEC/EPMC/09 dated 23rd of April, 2021, the 1st Defendant was manifestly wrong in law when it accepted and published the name of the 3rd Defendant as the Candidate of the 2nd Defendant for the Area Council Election slated for 12th day of February, 2022 despite the fact that it was the Claimant who was declared the winner of the 2nd Defendant’s Primary Election held on the 23rd of April, 2021 at Abaji Area Council which was supervised by the 1st Defendant and in whose presence the declaration of the Claimant as the winner of the primary was made.
2. A DECLARATION that by the provision of Section 87(4)(d) of the Electoral Act, 2010 (as amended), Paragraph 14(b) (viii) of the APC Guidelines for the Nomination of Candidates for the FCT Area Council and Ward Elections, 2021, the 2nd Defendant was wrong when it forwarded the name of the 3rd Defendant to the 1st Defendant as her Candidate for the Chairmanship of Abaji Area Council for Council election slated for the 12th day of February, 2022.
3. A DECLARATION that upon a proper interpretation and application of the provision of Section 87(4)(d) of the Electoral Act, 2010 (as amended), Article 20 of the Constitution of the All Progressives Congress and Paragraph 14(b) (viii) of the APC Guidelines for the Nomination of Candidates for the FCT Area Council And Ward Elections, 2021, the Claimant’s name ought to have been submitted to the 1st Defendant and published by the 1st Defendant as the Candidate of the 2nd Defendant for the Area Council election slated for the 12th day of February, 2022.
4. A DECLARATION that upon a proper interpretation and application of the combined Provisions of Section 87(4)(d) of the Electoral Act, 2010 (as amended), Article 20 of the Constitution of the All Progressives Congress and Article 14(b) (viii) of APC Guidelines for the Nomination of Candidates for the FCT Area Council And Ward Elections, 2021, the submission of the 3rd Defendant’s name as Candidate of the 2nd Defendant in the forthcoming Area Council Chairmanship Election slated for the 12th day of February, 2022 and the subsequent publication of same by the 1st Defendant is unlawful and liable to be set aside in view of the fact that it was the Claimant that scored the highest lawful votes cast and was declared winner of the 2nd Defendant’s Primary election conducted on the 23rd day of April, 2021.
5. AN ORDER of this Court setting aside and/or nullifying the submission and publication of the name of the 3rd Defendant as the Candidate of the 2nd Defendant for Abaji Area Council in the FCT Area Council’s chairmanship election slated for the 12th day of February, 2022.
6. AN ORDER that the Claimant having scored the highest lawful votes cast at the primary election held on the 23rd of April, 2021 is the duly nominated Candidate of the 2nd Defendant for the seat of the Chairman Abaji Area Council in the forthcoming FCT Area Council’s Election slated for the 12th day of February, 2022.
7. AN INJUNCTION prohibiting the 2nd Defendant from holding out or representing the 3rd Defendant as her nominated Candidate for the Chairmanship position of Abaji Area Council in the Area Council election slated for the 12th day of February, 2022.
8. AN ORDER that the 1st Defendant grant the Claimant all the Rights and Privileges as the duly nominated Candidate of the 2nd Defendant in the election to the office of the Chairman of Abaji Area Council slated for the 12th day February 2022.
9. AN ORDER mandating the 1st Defendant to recognize and treat for all purposes including, but not limited to recognizing the Claimant as the 2nd Defendant’s nominated candidate for the Chairmanship election of Abaji Area Council slated for the 12th day of February, 2022.
10. AN INJUNCTION prohibiting the 3rd Defendant from parading himself or otherwise presenting himself as the 2nd Defendant’s nominated Candidate for the Chairmanship election for Abaji Area Council slated for the 12th day of February, 2022.
11. AND for such other ORDER(S) or CONSEQUENTIAL ORDER(S) as this Honourable Court may deem fit to make in the circumstance of this case and in the interest of justice.

The Appellant, upon receipt of the Originating Summons, challenged the jurisdiction of the Court on the contention that the suit was filed outside the fourteen (14) days allowed by Section 285 (9) of the 1999 Constitution (4th Alteration Act).

​Upon hearing of the Originating Summons together with the preliminary objections filed by the Appellant and the 2nd Respondent herein, the trial Court found in favour of the 1st Respondent. Miffed by the outcome of the judicial exercise, the Appellant approached the Court below for redress but the Court dismissed the appeal in its unanimous judgment delivered on 7th January, 2022.

In a bid to exhaust his right of appeal, the Appellant invoked the appellate jurisdiction of this Court vide a Notice of Appeal dated 19th January, 2022.

In line with the rules and practice of this Court, parties filed and exchanged their respective briefs of argument. ABDUL MOHAN/WIED, SAN settled the Appellant’s brief filed on 8th February, 2022. On 28th February, 2022, the learned senior counsel also filed a joint Reply Brief to the 1st and 3rd Respondents’ brief of argument. At paragraph 12 of the Appellant’s brief, counsel formulated two issues for the determination of the appeal as follows:

1. “Whether the 1st Respondent’s suit is not statute barred in view of the provisions of Section 285(9) of the 1999 Constitution (4th Alteration Act)? (Distilled from Ground One (1) of the Notice of Appeal)
2. Whether the circumstances in which Exhibit LOKO 3A was introduced by the 1st Respondent, the Appellant’s right to fair hearing was not breached? (Distilled from Grounds Two (2) and Three (3) of the Notice of Appeal)

AZEEZ TAIWO HASSAN, ESQ. settled the 1st Respondent’s brief of argument filed on February, 2022. At paragraph 4.1 of the 1st Respondent’s brief, counsel adopted the issues formulated by the Appellant’s counsel for the determination of the appeal.