Dr. Abdullahi Baba Abdul V. Congress For Progressive Change & Ors (2013)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

This is an appeal against the Judgment of the Court of Appeal, Abuja Division, dated the 28th June 2012 affirming the Judgment of the Federal High Court Lokoja, delivered on the 5th day of December 2011 dismissing the claim of the Appellant herein.

Being dissatisfied with the said Judgment of the Court of Appeal (the court below) the Appellant has further appealed to this Court by a Notice containing 4 grounds of Appeal dated the 21st day of July 2012 and filed on the 23rd of July, 2012.

Briefly, the relevant background facts of this case are that the Appellant, as Plaintiff in the Federal High Court Abuja Division, by way of originating summons against the Respondents who were the Defendants, filed an action that was later transferred to the Federal High Court Lokoja Division, seeking for the determination of the following questions:

“(1) Whether by the combined provision of Section 87(1) of the Electoral Act 2010 as amended and schedule 1 paragraph 2 (iii) of the constitution of Congress for Progressive Change (CPC) the 4th Defendant is qualified to contest in the party’s primary election for House of Representatives and is entitled to have his name forwarded by the party to the Independent National Electoral Commission, for the purpose of contesting the 2011 National Assembly Election having joined the party on or about the 30th of December, 2010.

(2) Whether by the provisions of Section 87(1) of the Electoral Act 2010 as amended and schedule 1 paragraph 2 (iii) of the constitution of Congress of Progressive Change (CPC) the 1st Defendant can validly allow the nomination of the 4th Defendant to contest the party’s House of Representatives primary election of Lokoja/Kogi Federal Constituency for the purpose of the 2011 National Assembly Election.

(3) Whether by the provisions of Section 87(1) of the Electoral Act 2010 as amended and schedule 1 paragraph 2(iii) of the constitution of Congress of Progressive Change (CPC) the Plaintiff is the only eligible candidate of the party for the party’s House of Representatives primary election held on the 9th of January, 2011.

(4) Whether by provisions of the Electoral Act 2010 as amended and schedule 1 paragraph 2(iii) of the constitution of Congress of Progressive Change (CPC) the 3rd Defendant can accept, recognize and maintain on it records, the name of the 4th Defendant as the 1st Defendant’s candidate for the purpose of contesting the 2011 general election other than the name of the Plaintiff who participated as the only eligible candidate of the party at the party’s primary election for the Lokoja/Kogi Federal Constituency held on the 9th of January, 2011.”

Upon the determination of the above questions, the Appellant sought the following reliefs:

“(1) A DECLARATION that the Plaintiff having participated in the 1st Defendant’s House of Representatives primary election as the only eligible contestant that participated in the said primary election is entitled to have his name forwarded by the 1st Defendant to the Independent National Electoral Commission, as her candidate for the purpose of contesting the 2011 National Assembly Election.

(2) AN ORDER of the Honourable Court declaring null and void the 1st Defendant’s purported submission of the 4th Defendant’s name as her candidate for the purpose of contesting the House of Representatives seat for Lokoja/Kogi Federal Constituency in the 2011 National Assembly Election.

(3) A DECLARATION that the 3rd Defendant’s express and/or implied conduct of accepting and recognizing any other name other than the Plaintiff as the 1st Defendant’s candidate for the purpose of contesting the House of Representatives seat for Lokoja/Kogi Federal Constituency in the 2011 National Assembly Election is null, void and no effect.

(4) AN ORDER of injunction restraining the 1st and 2nd Defendants from recognizing or further recognizing any other person beside the Plaintiff as the candidate of the 1st Defendant for House of Representatives seat for Lokoja/Kogi Federal Constituency in the 2011 National Assembly Election.

(5) AN ORDER of mandatory injunction mandating and/or compelling the 1st Defendant to immediately accept and maintain on its record the name of the Plaintiff as the candidate of the 1st Defendant for the 2011 Lokoja/Kogi Federal Constituency, the Plaintiff, being the only eligible candidate that participated in the 1st Defendant’s House of Representatives primary Election.