Farouk Salim Vs Cpc & Ors (2013)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C

This is an appeal filed by the Appellant against the judgment of the Court of Appeal dismissing the appeal filed by the Appellant against the Ruling of the High Court of Kano State of Nigeria declining jurisdiction to hear and determine the case filed by the appellant challenging the nomination of the 3rd Respondent as the candidate of Congress for Progressive Change concerning Tarauni Federal Constituency of the House of Representatives for the April, 2011, Elections.

The Court of Appeal in its judgment affirmed the decision of the High Court of Kano State of Nigeria that the case filed by the Appellant was incompetent and the court lacked jurisdiction to hear and determine it. The Appellant still dissatisfied has appealed to this court.

The Appellant as Plaintiff at the Trial Court commenced an action by originating summons dated 17th May, 2011 against the Respondents (more specifically the 3rd Respondent) seeking the following reliefs:

“(i) A declaration that by virtue of the provisions Section 221 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) the plaintiff is in the eyes of the law, the nominated candidate of the 1st Defendant entitled to all the benefits of his candidature as a flag bearer of the 1st Defendant in respect of the said member of the House of Representatives for Tarauni Constituency for Kano State at the April 9th, 2011 election.

(ii) A declaration that the plaintiff is the sole candidate of the 1st Defendant after the 9th of January, 2011, regards had to the report of the harmonization committee of the 1st Defendant which was affirmed by the board of trustees of the 1st Defendant, pursuant to which the name of the plaintiff ought to have been submitted to the 2nd Defendant as the candidate of the 1st Defendant for the Tarauni Federal constituency for the purpose of April, 9th election.

(iii) A declaration that in view of sections 33 and 87 (3) of the Electoral Act, 2010 as amended and having acquired vested interest in the party ticket as the duly nominated candidate for House of Representatives for Tarauni Federal Constituency of Kano state for April 9th, election, the plaintiff’s candidature cannot be rejected, disregarded, revoked, reversed, annulled, re-assigned to or be substituted with the 3rd Defendant when the plaintiff is still alive and have not withdrawn his candidature to contest on the platform of the 1st Defendant at the April 9th election.

(iv) A declaration that in view of sections 33 and 87(3) of the Electoral Act, 2010 (as amended) and having regards to the fact that the 1st Defendant’s primary election organized on the 9th of January, 2011, so as to nominate for member of House Representatives Tarauni Federal constituency, was inconclusive or no primary election at all, regards being had to the report of the harmonization committee of the 1st Defendant, therefore, the 2nd Defendant was wrong to have recognized and included the 3rd Defendant as a candidate of the 1st Defendant for the Tarauni Federal Constituency at April 9th general election.

(v) A declaration that in view of sections 65 (1) b, 2(a) (b), 221, 222 and 223 of the constitution of the Federal Republic of Nigeria 1999 (as amended) and sections 87 (1), 4(c), 9 and 10 of the Electoral Act 2010 (as amended) and the provisions of the constitution and primary election, guidelines of the 1st Defendant, and having regards to the expression of interest form, and nomination form for member House of Representatives Tarauni Federal constituency which the Plaintiff purchased and submitted to the 1st Defendant, it can be said that, the Plaintiff has presented himself as nominated candidate of the 1st Defendant which contested and won the election held on 9th April, 2011, and deemed as the 1st Defendant elected and returned held at the said date, as a member representing Tarauni Federal Constituency.

(iv) An order of perpetual injunction restraining the 1st and 2nd Defendants, their servants, agents and or privies from recognizing the name of the 3rd Defendant or any person however other than that of the plaintiff House of Representatives for Tarauni Federal Constituency Kano state in the April 9th, 2011 general election.

(vii) An order of perpetual injunction restraining the 3rd Defendant from parading himself as the duly nominated candidate of the 1st Defendant in respect of April 9th, 2011 National Assembly Elections to the House of Representatives representing Tarauni Federal Constituency of Kano State.

(viii) An order of prohibitory injunction restraining the 2nd Defendant, its agents, servants or privies from giving recognition to any other person other than the Plaintiff as candidate of the 1st Defendant who won the seat of Tarauni General Election conducted and concluded on 9th April, 2011.

(ix) An order of mandatory injunction compelling the 2nd Defendant to retrieve and issue certificate of return in the name of the plaintiff as the 1st Defendant candidate who won the seat of member House of Representatives Tarauni Federal constituency, in the event that the 2nd Defendant has wrongly done so in favour of the 3rd Defendant.

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