Dr. Ibrahim Shehu Gusau v. Dauda Lawal & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Sokoto Division delivered on 6th January, 2023, in appeal No. CA/S/180/2022 wherein the court set aside the judgment of the Federal High Court, Gusau Division which had earlier granted the reliefs sought by the appellant.

Brief facts of the case

The appellant, the 1st respondent, Aliyu Hafiz Muhammad and Mallam Wadatau Madawaki, all members of the 2nd respondent, participated in the 2nd respondent’s gubernatorial primary election for Zamfara State held on 25th May, 2022.

At the conclusion of the exercise, the 1st respondent emerged victorious and was declared winner.

The appellant, Aliyu Hafiz Muhammad and Mallam Wadatau Madawaki were displeased with the outcome of the primary election and they approached the trial court in suit No. FHC/GS/CS/13/2022, seeking the nullification of the primary election.

At the conclusion of the suit, the Court delivered its judgment wherein it ordered the conduct of a valid primary election under the full supervision of the 4th respondent, the Independent National Electoral Commission (INEC).

In compliance with the order, the 2nd respondent conducted another primary election on 23rd September, 2022 in which the 1st respondent, the appellant and Aliyu Hafiz Muhammad fully participated, after notifying INEC by a letter dated 20th September, 2022 (Exhibit E).

At the conclusion of the court-ordered reconducted gubernatorial primary election, the 1st respondent was again declared victorious and returned as winner with 442 votes, while the appellant and the said Aliyu Hafiz Muhammad polled one vote each.

Unhappy still with the outcome of the court-ordered primary election, the appellant and Aliyu Hafiz Muhammad, as 1st and 2nd plaintiffs respectively, instituted suit No. FHC/GS/CS/32/2022 before the trial court via an originating summons, wherein they sought the resolution of the following questions:

“(1) Whether having regard to the provision of section 82(1) of the Electoral Act, 2022, the 1st defendant or any of its agent is entitled to abridge the period of time contained therein and conduct a valid primary election without giving the 5th defendant the required notice of twenty-one (21) days provided in section 82(1) of the Electoral Act.

(2) Whether any primary election conducted by the 1st defendant to nominate its Governorship candidate on the 23rd September, 2022 in Zamfara State without adherence to section 82(1) of the Electoral Act is a nullity having regard to the provision of section 82(5) of the Electoral Act, 2022.

(3) Whether by the 1st defendant’s letter addressed to the National Chairman of the 5th defendant on the 20th September, 2022 it will not be a void act to conduct the 1st defendant’s Governorship primary election in Zamfara State on the 23rd September, 2022 without giving the statutory notice of twenty-one days to the 5th defendant or at least giving such reasonable notice to the 5th defendant.

(4) Whether having regard to the letter of the 1st defendant addressed to the National Chairman of the 5th defendant on the 20th September, 2022 any primary election conducted by the 1st defendant together with its agent on the 23rd September, 2022 towards the nomination of the 1st defendant’s Governorship Candidate which produced the 4th defendant as the purported winner of the said election, vis-a-vis the combined provisions of sections 82(1) and 84(13) of the Electoral Act, 2022, and 1st defendant is entitled to present the 4th defendant as its Governorship Candidate in the 2023 general elections in Zamfara State and whether the 5th defendant can accept to publish any candidate emerging from the 1st defendant’s Governorship primary election held on the 23rd September, 2022 in Gusau, Zamfara State.