Brigadier General Lawal Ja?afar Isa (Rtd) V. Alhaji Mohammed Sani Abacha & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of the Federal High Court, Abuja in Suit No: FHC/ABJ/CS/114/2011 delivered on 4th day of March, 2011.

The 1st Respondent who was the Plaintiff at the lower Court commenced this Suit by Amended Originating Summons in which he claimed as follows:-

“(1) A DECLARATION that having conducted a direct Governorship Primary Election in Kano State on 12th January, 2011, for the purpose of nominating the 1st Defendant’s Candidate for Kano State Governorship election slated for 16th April 2011, it is mandatory for the 1st Defendant to nominate the winner of the said primary election, as the party’s flag bearer for the purpose of participating and contesting in the Governorship Election in Kano State slated for 16th April, 2011 in accordance with the Electoral Act 2010 and the 1st Defendant’s guideline for nomination of candidates.

(2) A DECLARATION that the Plaintiff having scored the highest number of votes in the 12th January, 2011 Primary Election of the 1st Defendant, he is entitled to fly the 1st Defendant’s Governorship flag for the April 16, 2011 General Election in Kano State in accordance with Section 87 of the Electoral Act.

(3) A DECLARATION that the refusal of the 1st and 4th Defendants to submit the name of the Plaintiff to the 2nd Defendant as the 1st Defendant’s flag bearer for the Gubernatorial Election in Kano State slated for April 16, 2011 after winning the Governorship Primary Election is contrary to the provisions of the Electoral Act, 2010 and the 1st Defendant guidelines for nomination of candidates.

(4) A DECLARATION that it is illegal, unlawful and contrary to both the Electoral Act, 2010 and the 1st

Defendant’s guideline for the 1st Defendant to submit the name of the 3rd Defendant to the 2nd Defendant as the Governorship Candidate of the 1st Defendant for Kano State in the Governorship Election slated for 16th April, 2011 after the Plaintiff emerged as the winner of the Governorship Primaries conducted by the 1st Defendant to pick its Governorship Candidate for the said Election.

(5) AN ORDER of injunction restraining the 2nd Defendant either by itself, officers, agents, privies, staff or through any person or persons howsoever from recognizing, accepting or dealing with the 3rd Defendant as flag bearer of the 1st Defendant in the April 16, 2011 General Election not having emerged in accordance with the Electoral Act, 2010.

(6) AN ORDER directing the Defendants particularly the 2nd Defendant to recognize, accept and deal with the Plaintiff as the flag bearer of the 1st Defendant’s Governorship Election in Kano State for the 16th day of April, 2011 having emerged the winner of the 1st Defendant’s Primary Election held on the 12th day of January, 2011 in accordance with the Electoral Act, 2011.

(7) AN ORDER directing the 1st Defendant to submit the name of the Plaintiff who got the highest number of votes at the 1st Defendant’s Gubernatorial primary election in Kano State to the 2nd Defendant as the validly nominated governorship candidate to represent the 1st Defendant at the April, 2011 General Election.”

At the conclusion of trial, the learned trial Judge granted all the reliefs claimed by the Plaintiff who is the 1st Respondent herein.

The Appellant being dissatisfied with the Judgment, now appealed to this Court.

The learned Counsel for the Appellant relied on the Notice of Appeal containing eleven grounds filed on the 11th day of March, 2011.