David Sabo Kente V. Darius Dickson Ishaku & Ors (2016)

LawGlobal-Hub Lead Judgment Report

JUMMAI HANNATU SANKEY, J.C.A. 

Following the Governorship Primary Elections of the Peoples Democratic Party (PDP) conducted on 11th December, 2014, the Appellant herein filed a suit against the Respondents at the Federal High Court, Taraba Judicial Division sitting in Jalingo. Vide an Originating Summons filed on the 1st April, 2015, the Appellant herein sought for the determination of one lone question as follows:
Whether the 2nd defendant for the purpose of selecting candidate for Governorship primary for Taraba State for the 2015 general elections can adopt a procedure other than that stipulated in the Electoral Act, 2010 (as amended), the 2nd defendants Constitution 2012 and the Electoral guidelines for primary elections 2014.

Thereafter, he sought the following reliefs from the Lower Court:
1. A DECLARATION that the 2nd defendant cannot adopt a procedure for its primary election for Taraba State Governorship candidate for the 2015 General elections other than that provided under Section 87(4) of the Electoral Act 2010 (as amended), the 2nd

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defendants Constitution 2012 and its Electoral Guidelines for primary election.
2. A DECLARATION that the 2nd defendant having not complied with the provisions of Section 87(4) of the Electoral Act 2010 (as amended), Section 50 of the 2nd defendants Constitution 2012 and the provisions of its partys guidelines for Governorship primary election 2014 has not validly conducted primary election for the purpose of nominating a candidate for Governorship election for the 2015 general election in Taraba State.
3. AN ORDER nullifying the purported primary election conducted by the 2nd defendant on the 11th December, 2014 for the purpose of selecting its candidate for the 2015 Governorship election in Taraba State.
4. AN ORDER restraining the 3rd defendant from accepting and/or recognizing or dealing in any manner with the name of the 1st defendant as the candidate of the 2nd defendant for the 2015 Governorship election in Taraba State.
5. A DECLARATION that the 2nd defendant having not conducted a Governorship primary election in Taraba State in accordance with the Electoral Act 2010 (as amended), the 2nd defendant guidelines

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for primary election 2014 and its own Constitution 2012 has no candidate for the 2015 Governorship election in Taraba State.
6. AND FOR SUCH FURTHER ORDER(S) as the Honorable Court may deem fit to make in the circumstances of this suit.

In support thereof was an 11 paragraph affidavit deposed to by the Plaintiff himself. Following the service of the Originating Summons, the 1st and 2nd Respondents entered conditional appearances and thereafter filed two separate Notices of preliminary objection dated 23rd April, 2015 and 28th April, 2015 respectively, wherein they urged the Lower Court to either dismiss or strike out the suit for being grossly incompetent or null and void. In response thereto, the Appellant filed a counter affidavit dated 18th May, 2015. As for the 3rd Respondent (INEC), it neither entered an appearance in the suit nor did it file any Court process in response to either the Originating Summons or the preliminary objections raised.

Upon hearing arguments advanced by the parties on the preliminary objections, the Lower Court issued two Rulings thereon on the same day, i.e. 17th September, 2015, wherein it dismissed the

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suit. Piqued and peeved by the Ruling, (contained at pages 246 to 292 of the printed Record of Appeal), the Appellant filed an Appeal against it dated 20th October, 2015, on the 21st October, 2015 vide a Notice of Appeal (at pages 294-303 of the Record).

The pith of the facts leading to this Appeal from the Appellants perspective is that he, the Appellant, was a member of the Peoples Democratic Party, (hereinafter referred to as PDP, 2nd Respondent herein), duly registered at Kente Ward in Wukari Local Government Area of Taraba State. He expressed his ambition to participate in the Primary Election of the PDP which was held for the purpose of nominating its candidate for the 2015 Governorship election in Taraba State. He filled and submitted the requisite forms, i.e. the Expression of Interest form and the Nomination form, and paid the administrative charges thereto. Thereafter, he submitted himself for the screening exercise before the screening committee set up by the PDP. The Committee assessed and cleared him to participate in the Governorship Primary Election of the PDP to elect its candidate for the 2015 Governorship Election

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in Taraba State.