Congress For Progressive Change (CPC) & Ors. V. Senator Yakubu Garba Lado & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment)

The is an appeal against the judgment of the Federal High court Abuja division in suit No.FHC/ABJ/CS/126/2011 delivered on 15th of February, 2011.

The 1st to 43rd respondents as plaintiffs in the Federal High Court (hereinafter referred to as Court Below) commenced an action by originating summons Issued on 03/02/11 seeking the determination of the following questions.

1. WHETHER having regard to sections 221, 222 and 223 of the constitution of the Federal Republic of Nigeria, 1999 (as amended) and section BS, 86 of the Electoral Act 2010 (as amended) the 1st Defendant is not bound to submit to the 4th Defendant the names of the plaintiff who were screened, cleared and duly elected by majority of lawful votes cast by accredited delegate at the primary election held on the 15th day of January, 2011 by the Katsina state Congress Of Progressive Change (CPC) to elect candidates for offices of Governor, Senate, House of Representatives and state House of Assembly for the 2011 general election, which primaries were witnessed and endorsed by the INEC designated monitoring Team.
2. WHETHER having regard to the combined effect of sections 221, 222 and 223 of the constitution of the Federal Republic of Nigeria, 1999 (as amended) which, among other things guarantee, recognize and prescribe the mode of conduction party primaries only on democratic principles or basis, and which enjoins parties to submit to the Independent National Electoral commission (INEC) the names of candidates who emerged winner at state congress of the para, the 1st and 2nd defendants have the power to disqualify or reject plaintiff candidates which was the choice of the delegates at the state congress, and adopt instead by arbitrary fiat, the 6th Defendant for the office of Governor of Katsina state and some other unknown persons as candidates of the 1st Defendant for Katsina state constituencies in respect of Senate, House of Representatives and State House of Assembly for the 2011 general election.
3. WHETHER in view of sections 33 and 87 (4) of the Electoral Act 2010 (as amended), and having acquired vested interest in the party ticket as the duty elected candidates of 1st Defendant in the primary election of the 1st Defendant, conducted at the Katsina state party congress held on 15th January, 2011 by winning the said primaries, for offices of Governor, Senate, House of Representatives and state House of Assembly, for the 2011 general election, the plaintiffs’ candidature can be rejected, disregarded, revoked reversed, annulled, re-assigned to, or be substituted with 6th Defendant, in respect of governorship and or any other unknown persons for Katsina Constitution in respect of senate, House of Representatives and state House of Assembly for the 2011 general elections when the plaintiff being still alive, have not withdrawn at the general election schedule to hold in April 2011 for the elective office.
4. If question 3 is answered in the NEGATIVE, WHETHER having regard to section 221 of the Constitution of the Federal Republic of Nigeria 1999 (as amended the plaintiff, are in the eyes of the law, the candidature as flag bearers of the 1st Defendant, eligible to contest and be voted for on the platform of the 1st Defendant in respect of offices of the Governor, State, House of Representatives and State House of Assembly in Katsina State at the 2011 general election.

Consequent on determination of the above questions the plaintiff claimed the following reliefs:

“(1) A DECLARATION that by virtue of section 221, 222 and 223 of the constitution of the Federal Republic of Nigeria, 1999 and Sections 85 and 86 of the Electoral Act 2010 (as amended) the 1st Defendant is bound to submit to 3rd Defendant the name of Plaintiff who were screened, cleared and duly elected by majority of lawful votes casts by accredited delegates at the Primary election or congress in Katsina State chapter of Congress For Progressive Change (CPC) held on 15th January, 2011 to elect the Katsina state party candidates for elective offices of Governor, senate, House of Representatives and State House of Assembly in Katsina State at the 2011 general election which primaries were witnessed and endorsed by the INEC designated Monitoring Team.

(2) A declaration that the combined effect of sections 221, 222, 223 and 228 of the constitution of the Federal Republic of Nigeria, 1999 and section 87 (1) (4) and (6) of the Electoral Act, 2010 which among other things guarantee, recognize and prescribe the mode to conducting party primaries only on democratic principles or basis, and enjoins parties to submit to the Independent National Electoral commission (INEC) the name of candidates who emerged winner at the state congress of the para, the 1st an 2nd Defendants have No power to disqualify or reject Plaintiff being the choice of the delegates at the Katsina State congress held on 15th January, 2011 in respect of the elective offices of Governor, and constituencies of Senate House of Representative and state House of Assemble for the 2011 general elections.

(3) A DECLARATION that the 1st and 2nd Defendants cannot by arbitrary fiat or through any illegal method adopt the 6th Defendant for the office of Governor of Katsina state and any other unknown persons as candidates of the 1st Defendant for Katsina state constituencies in respect of Senate, House of Representatives and state House of Assemble for the 2011 general elections.

(4) A declaration that in view of sections 33 and 87 (4) of the Electoral Act, 2011 (as amended), and having acquired vested interest in the party ticket as the duty elected Gubernatorial, Senatorial, House of Representatives and State House of Assembly by being Candidate of the Defendant in the primary election of the 1st Defendant, conducted in Katsina state, the Plaintiff respective candidature CANNOT be rejected, disregarded, revoked, reversed, annulled, re-assigned to, or be substituted with 4th Defendant or any other person, when Plaintiff is still alive, and have not withdrawn their respective candidature to contest on the platform of the 1st Defendant in the general election scheduled to hold in April, 2011 for the said elective offices.

(5) A DECLARATION that by virtue of section 221 of the constitution of the Federal Republic of Nigeria, 1999 (as amended), the Plaintiff are in the eyes of the law, the candidate of the 1st Defendant, entitled to all the benefit of their candidature as flag bearers of the 1st Defendant eligible to contest and be voted for on the platform of the 1st Defendant in respect of the offices of Governor, Senate, House of Representative and State of Assemble in Katsina State at the 2011 general election.

(6) A DECLARATION that any acts, omission, commission, failure, refusal or neglect, by 1st, 2nd and 3rd Defendants to take all necessary steps required under the Electoral Act, 2010 (as amended) to endure that plaintiffs, names are duly submitted and published before the date of the election and placed on the ballot for use in the conduct in Katsina State Gubernatorial election in the 2011 general election is illegal and unconstitutional.

(7) AN ORDER OF PERPETUAL INJUNCTION retraining the 1st and 2nd Defendants, their servants, agents and or privies from recognizing, or submitting to 4th Defendant the name of any person other than that of 1st Plaintiff and his nominated running mate in person of ABULAZIZ MUSA YAR ADUA as candidate of 1st Defendant for the office of Governor and Deputy Governor of Katsina state respectively at the 2011 general election.

(8) AN ORDER OF PERPETUAL INJUNCTION restraining the 1st and 2nd Defendants’ their servants, agents and or privies from recognizing, or submitting to 4th Defendant the name of any person other than that of 2nd – 4th Defendants candidates of 1st Defendant for the elective offices of Katsina State constituencies in the Senate, House of Representative and House of Assembly respectively at the 2011 general election.

(9) AN ORDER OF PERPETUAL INJUNCTION restraining the 4th Defendants, its agents, servants or privies from accepting and giving recognition to any other persons other that the 1st Plaintiff and his nominated running mate in person of ABULAZEEZ MUSA YAR ADUA as Gubernatorial and Deputy Gubernatorial candidates of the 1st Defendant at the 2011 general election into the office of the Governor of Katsina State.

(10) AN ORDER OF PERPETUAL INJUNCTION restraining the 4th Defendant, its agents, servants or privies from accepting and giving recognition to any other persons other that the 2nd- 45th Plaintiff as candidates of the 1st Defendant at the 2011 general election into the legislative offices of the various constituencies in Katsina State.