Peoples Democratic Party (PDP) & Ors Vs Mr. Jimi Adebisi Lawal & Ors (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

IBRAHIM MOHAMMED MUSA SAULAWA, JSC (Delivering the leading judgment)

The present appeal is consequent upon the judgment of the Court of Appeal, Abuja Judicial Division, delivered on September 30th, 2022 in appeal No. CA/ABJ/CV/898/2022.

By the decision in question, the Court below, Coram Biobele Abraham Goergewill, Mohammed Mustapha and Danlami Zama Senchi, JJCA, set aside the judgment of the trial Federal High Court, Abuja Judicial division delivered on July 29th, 2022 and remitted the said suit No. FHC/ABJ/CS/773/2022, to the trial court for retrial on the merits.

Background facts

Pursuant to the provisions of section 84(5) of the Electoral Act, 2022, the 1st appellant issued Guidelines and Directives for the selection of its candidates for the forthcoming 2023 General Election vide the conduct of indirect primary elections.

Consequent whereupon, on April 30th, 2022, the 1st appellant conducted ward congresses in Ogun State where ad-hoc delegates were elected with a view to participating in indirect election of the 1st appellants gubernatorial candidate in Ogun State.

The 2nd appellant and the 1st respondent were cleared and screened by the 1st appellant to contest the said Indirect primary election in Ogun State for the nomination of the 1st appellants gubernatorial candidate for the 2023 general election.

However, in the course of the Indirect gubernatorial primary election conducted by the 1st appellant on May 25th, 2022 in Ogun State, the 1st appellant allegedly did not use the Register/List of democratically elected delegates as shown in exhibit JAE 4. Rather, a different Registrar/List (exhibit JAL 5) was allegedly used.

At the conclusion of the said primary election, the 2nd appellant was declared the winner with 714 votes. Whilst the other aspirants who participated in the election had zero votes allocated thereto. Consequently, the 2nd appellant was presented by the 1st appellant to the 2nd respondent as its gubernatorial candidate in Ogun State for the forthcoming 2023 Governorship election.

Not unnaturally, the 1st respondent as an aspirant at the said primary election and being dissatisfied with the conduct and result of the election by the 1st appellant, filed the said suit at the trial Federal High Court, thereby praying for the determination of the following three fundamental questions:

1. Upon the construction of section 84 (1) (2) (5) (b) & (8) of the Electoral Act, 2022. Article 25(1)(L) & (2)(c) of the Constitution of the Peoples Democratic Party 2012 (as amended) and the directive of the 1st defendant dated May, 20th, 2022, whether the defendant was not bound to nominate its Ogun State Governorship candidate for the 2023 General Elections by conducting its indirect primary election of the basis of voting by ad-hoc delegates who were democratically elected at the Ward Congresses of the 1st defendant, for the purposes of the governorship primaries.
2. If the resolution of question No. 1 is in the affirmative, whether upon the same interpretation of the said section 84(1) (2) (5)(b) & (8) of the Electoral Act, 2022, Article 26(1)(L) & (2)(C) of the Constitution of the Peoples Democratic Party 2012 (as amended) and the Directive of the 1st defendant dated May, 20th, 2022, the Ogun State Governorship indirect primary election of the 1st defendant conducted on 25th May, 2022 and monitored by the 2nd defendant, whereat statutory delegates and voters other than the ad-hoc delegates who were democratically elected at the Ward Congress of the 1st defendant, which was held on 30th April, 2022 for the purposes of the governorship primaries, was not invalid, null and void ab initio.
3. In view of the forgoing and extant provisions of section 84(1) (2) (5)(h) & (8) of the Electoral Act, 2022 and the Directive of the 1st defendant date May, 20th, 2022, whether the 1st defendant can validly nominate and/or forward the name of the 3rd defendant to the 2nd defendant for the 2023 General elections; and whether the 2nd defendant can validly accept the nomination of the said 3rd defendant, without the 1st defendant conduction a valid Governorship Primary Election whereat the ad-hoc delegates, who were democratically elected at the Ward Congresses of the 1st defendant, for the purposes of the Governorship primaries, would vote.

The 1st respondent equally sought the determination of a total of 9 declaratory and injunctive reliefs, viz:

(1) A declaration of this honourable court that under section 84(1) (2) (5) & (8) of the Electoral Act 2022 and its own Directive, dated May, 20th, 2022, the 1st defendant was bound to nominate its Ogun State Governorship candidate for the 2023 General Elections by conducting its indirect primary election on the basis of voting by ad-hoc delegates who were democratically elected at the Ward Congresses of the 1st defendant, which were held on 30th April, 2022, for the purpose of the Governorship primaries.

(2) A declaration of this honoarable court that the indirect primary election of the 1st defendant, conducted on 25th May, 2022 to determine its Ogun State Governorship Candidate for the 2023 General Election, whereat the votes were persons other than the ad-hoc delegates who were democratically elected at the Ward Congresses of the 1st defendant held on 30th April, 2022 for the purpose of the governorship primaries, was invalid, null and void ab initio.

(3) A declaration of this honourable court that the 1st defendant cannot validly nominate and/or forward the name of the 3rd defendant to the 2nd defendant as the Ogun State governorship candidate of the 1st defendant for the 2023 General Elections, without conducting a valid Governorship Primary Election whereat the ad-hoc delegates who were democratically elected at the Ward Congresses of the 1st defendant, for the purpose of the governorship primaries, would vote.