Hon. Babangida S. M. Nguroje & Anor V. Hon. Ibrahim Tukur El-sudi & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

These are consolidated Appeals from the judgment of S. M. Shuaibu, J.; of the Federal High Court, Yola Division, in suit No. FHC/YL/CS/16/2011, which judgment was delivered on the 1st day of April, 2011. It would be recalled that by an Originating Summons dated the 21st day of February, 2011 (but filed on the 16th February, 2011); the plaintiff (now 1st Respondent in Appeal NO.CA/YL/30/2011 and 2nd Respondent in Appeal NO.CA/YL/39/2011); sought for the determination of the following questions:-

‘”1. Is the plaintiff who was the aspirant of the 1st Defendant and the one that scored the highest number of votes all at the special congress held on the 6th January, 2011 to select a candidate of the first defendant over Gashaka, Kurmi and Sardauna Federal Constituency in the National Assembly of the Republic of Nigeria holding in April, 2011 entitled to have his name submitted by the 1st defendant to the 3rd defendant as its candidate having regard the provisions of Articles 31 and 32 of the Electoral Guidelines for Primary Elections 2010 of the Peoples Democratic Party and Section 87(4) (c) (ii) of the Electoral Act, 2010 (as amended)?

2. Is the purported submission of the name of the 2nd defendant to the 3rd Defendant by the 1st Defendant as it candidate to represent Gashaka Kurmi and Sardauna Federal Constituency of the National Assembly of the Federal Republic of Nigeria in the elections to be held in April, 2011 not a violation of the Electoral Guidelines for primary Election 2010 of the Peoples Democratic Party and Section 87(4) (c) (ii) of the Electoral Act 2010 (as amended) having regards to the fact that the 2nd defendant participated in said Special Congress Primary election of the 1st Defendant held on the 6th January, 2011 and failed to score the highest votes cast at the said election?
3. Is a special congress, convention, conference or meeting however styled or called convened by a political party for the purpose of nominating candidates for elective offices specified in the Electoral Act including elections into membership of the House of Representatives of the National Assembly of the Federal Republic of Nigeria without 21 days prior notice to the 3rd defendant not a contravention of section 85(1) of the Electoral Act 2010 (as amended) and section 228 of the Constitution of the Federal Republic of Nigeria 1999 as amended and therefore invalid?
4. Is a special congress, convention, conference or meeting however styled or called convened by a political party for the purpose of nominating candidates for electives offices specified in the Electoral Act including elections into membership of the House of Representatives of the National Assembly of the Federal Republic of Nigeria without the monitoring of 3rd defendant not a contravention of section 85 (2) of the Electoral Act 2010 (as amended) and section 228 of the Constitution of the Federal Republic of Nigeria 1999 as amended and therefore invalid?
5. Can the 1st defendant validly ignore, disregard, cancel or annul the result of the said Special Congress Primary Election of the 1st Defendant held on the 6th January, 2011 wherein the plaintiff scored the highest number of votes cast when the plaintiff:

i. is not dead; and,

ii. has not withdrawn his candidature; and

iii. was not given any hearing on the decision (if any) to ignore, cancel, disregard or annul the result of the Primary Election aforesaid contrary to Article 31, 32, 33 and 50 of the Electoral Guidelines for Primary Elections 2010 of the People Democratic Party and section 87 of the Electoral Act 2010 (as amended) ad section 36 of the Constitution of the Federal Republic of Nigeria 1999?

IF THE ANSWERS TO QUESTIONS 1 AND 2, 3 AND 4 ARE IN THE AFFIRMATIVE AND THE ANSWER TO QUESTION 5 IS IN THE NEGATIVE THEN PLAINTIFF CLAIMS THE FOLLOWING RELIEFS FROM THE HONOURABLE COURT:

1. A declaration that the plaintiff is entitled to have his name submitted and be deemed to have been presented by the 1st Defendant to the 3rd Defendant as the candidate of the 1st Defendant to represent Gashaka Kurmi and Sardauna Federal Republic Constituency of the National Assembly of the Federal Republic of Nigeria at the general elections to be held in April, 2011.
2. A declaration that the submission of the name of the 2nd defendant by the 1st defendant to the 3rd defendant as the candidate of the 1st defendant to represent Gashaka Kurmi and Sardauna Federal Constituency of the National Assembly of the Federal Republic of Nigeria at the general elections to be held in April, 2011 is a violation of the Electoral Act 2010 as amended and the rules made by the 1st Defendant for primaries and Electoral Guidelines for Primary Election 2010 of the People Democratic Party and therefore illegal, null and void and of no effect.
3. A declaration that 1st defendant cannot ignore or refuse to recognize the result of the Special Congress Primary Election of the 1st defendant held on the 6th of January, 2011 to select or nominate candidate contained in Form PD004/NA/2010.
4. An order of this Honourable Court directing the 3rd defendant to recognize the plaintiff as the candidate of the 1st defendant for election into Gashaka Kurmi and Sardauna Federal Constituency of the National Assembly of the Federal Republic of Nigeria to represent Gashaka Kurmi and Sarduana Federal Constituency in the election to be held in April 2011.
5. An Order restraining the 2nd defendant from parading himself as the candidate of the defendant for the election into Gashaka Kurmi and Sardauna Federal Republic of Nigeria to represent the Constituency in the election to be held in April, 2011.
6. An order restraining 1st and 3rd defendants from recognising or treat the 2nd defendant as the candidate of the 1st defendant for election into the Gashaka Kurmi and Sardauna Federal Constituency of the National Assembly of the Federal Republic of Nigeria to represent the Constituency in the election to be held in April, 2011.
7. And for such further Order(s) as the Honourable Court may deem fit to make in the circumstances of this case.

In support of the Originating Summons, Honourable Ibrahim Tukur El-Sudi (now 1st and 2nd Respondent in the consolidated Appeals and Plaintiff in the lower Court), deposed to an Affidavit of thirty five paragraphs to which documentary Exhibits marked ‘A’ ‘B’ ‘C’ ‘D’ ‘E’ ‘F’ ‘G’ ‘H’ ‘I’ ‘J’ are annexed. It is noteworthy that:

(i) Exhibit ‘A’ dated 20th of September, 2010 is the Peoples Democratic Party’s EXPRESSION OF INTEREST FOR HOUSE OF REPRESENTATIVES NOMINATION 2010 (CODE PD002/NA/2010 SERIAL NUMBER 0004506) duly completed by the plaintiff (now 1st and 2nd Respondents in the consolidated Appeal).

(ii) Exhibit ‘B’ is the ELECTORAL GUIDELINES FOR ELECTIONS 2010 OF THE PEOPLES DEMOCRATIC PARTY (PDP), issued by the National Secretariat, Plot 1970, Wadata Plaza; Michael Okpara Street; Wuse Zone 5, Abuja.

(iii) Exhibit ‘C’ is the PEOPLES DEMOCRATIC PARTY NOMINATION FORM CODE PD003/NA/2010 FOR HOUSE OF REPRESENTATIVES PRIMARY ELECTION 2010 with Serial Number 0002727 duly completed by the plaintiff (now 1st and 2nd Respondent in the consolidated suits).

(iv) Exhibit ‘D’ is the PDP (Peoples Democratic Party PROVISIONAL CLEARANCE CERTIFICATE (Form CC/PD/NA/2010 with Serial Number 0007338), issued in favour of Ibrahim Tukur El-Sudi duly signed by the Chairman of Screening Committee of the PDP and dated 31/12/2010.

(v) Exhibit ‘E’ is the PEOPLES DEMOCRATIC PARTY RESULT OF THE NATIONAL ASSEMBLY PRIMARY ELECTION 2010 (CODE PD004/NA/2010 with serial Number 0001451 wherein the plaintiff/1st Respondent in Appeal No. CA/YL/30/2011 is recorded to have scored 315 votes as against the Appellant in Appeal Number CA/YL/30/2011 and 1st respondent’s in Appeal No. CA/YL/39/2011 score of 266 votes.

(vi) Exhibit ‘F’ is the PEOPLES DEMOCRATIC PARTY (PDP) TARABA STATE LIST OF PDP FLAG BEARERS FOR SENATE and HOUSE OF REPRESENTATIVES wherein the plaintiff/1st and 2nd Respondent in the consolidated Appeals is recorded as Number 1 (ONE) amongst the six candidates listed as flag bearers of the House of Representatives Election for Taraba State Federal Constituencies.