Rimamnde Bitrus Nuhu V. Senator Emmanuel Bwacha & Ors (2016)

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SAIDU TANKO HUSAINI, J.C.A.

This appeal is against the Ruling delivered at the Federal High Court, Jalingo in the Taraba Judicial Division on the 13th September, 2015 in Suit No. FHC/TAR/M/24/2015.
The Appellant as plaintiff instituted action at the Federal High Court, in the Federal Capital Territory, Abuja by way of the Originating Summons dated and filed on the 31st December, 2014 wherein he sought for the determination of the sole question, that is:
”Whether the 2nd defendant for the purpose of selecting its candidates for the Senate Primary Election for Taraba South Senatorial District in Taraba State for the 2015 general election can adopt a procedure other than that provided in 2nd defendant?s Electoral guideline for Primary Elections 2014 the 2nd defendants Constitution 2012 (as amended) and the Electoral Act, 2010 (as amended).”

As a consequence the plaintiff (Appellant) sought all the reliefs covered the Originating Summons as follows:
?WHEREOF the plaintiff (s) the followings:
(i) A DECLARATION that the 2nd defendant cannot adopt any procedure other than

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that provided in the 2nd defendant?s Electoral Guideline for Primary Elections 2014, Section 50 (5) of the 2nd defendant?s Constitution 2012 (as amended) and Section 87 (4) (c) (i) & (ii) of the Electoral act, 2010 (as amended) for the purpose of selecting candidate for Senate to represent Taraba State South Senatorial District in Taraba State for the 2015 General Elections
(ii) A DECLARATION that the 2nd defendant having not complained with its own Electoral Guideline for Primary Elections 2014, Section 50 (5) of the 2nd defendant Constitution 2012 (as amended) and Section 87 (4) (c) (i) & (ii) of the Electoral Act, 2010 (as amended) has not validly conducted for senate to represent south Senatorial District in Taraba State, for the 2015 General Election.
(iii) AN ORDER nullifying the primary elections conducted by the 2nd defendant on the 11th December, 2014 for the purpose of nominating a Senate candidate for the 2nd defendant to represent Taraba South Senatorial District at the Senate for the 2015 General Elections
(iv) AN ORDER directing the 2nd defendant to conduct a fresh primary election in accordance with the 2nd

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defendant?s Electoral Guideline for Primary Elections, 2014 in compliance with the 2nd defendant?s Constitution 2012 (as amended) and the provision of the Electoral Act, 2010 (as amended) for the purpose of nominating a Senate candidate for the 2nd defendant to present Taraba State Senatorial District in Taraba State.
(v) AN ORDER restraining the 3rd defendant from accepting and /or recognizing or dealing in any manner with the name of the 1st defendant as candidate of the 2nd defendant for the Senate for Taraba South Senatorial District for the 2015 General Election
AND FOR FURTHER ORDERS (S) as this Honourable Court may deem fit to make in the just determination in the circumstances.?

The Originating Summons had in support an affidavit of 25 paragraphs and certain documents among which are the Electoral Guidelines for Primary Election 2014 of the Peoples, Democratic Party and the Constitution of the Peoples Democratic Party. The Originating Summons is further accompanied with the written address of counsel as at the date of filing on the 31st December, 2014. See pages 142 ? 157 of record.

?At the sitting of the 3rd

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February, 2015 at Abuja, the Federal High Court by an order issued the same date, caused the suit that is, the Originating Summons to be transferred to the Federal High Court, Jalingo Tarba State wherein, at the Registry, the Suit was assigned with No. FHC/TAR/SC/5/15 and thereafter caused the process to be served on the defendants.

Upon service of the Originating Summons, the 1st and 2nd defendants, now respondents filed their separate conditional appearance, and thereafter filed their separate and distinct Motion on Notice, that is Motion on Notice No. FHC/TAR/M/28/2015 filed on the 30th August, 2015 for the 1st defendant/respondent and Motion on Notice No. FHC/TAR/M/27/2015 filed 30th April, 2015 for the 2nd Respondent. The Appellant in turn filed his response only in respect of the application by the 2nd defendant (respondent). In both applications, the 1st and 2nd defendants (respondents) urged on the Court below to strike out or dismiss the Originating Summons for being grossly incompetent or null and void based on the grounds set out in the respective Motions on Notice, the affidavits in support of the two Motions and their written addresses.

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Upon hearing of the two applications on the 20th May, 2015 and the response of the appellant, the Court below, in 2 (two) separate Rulings delivered the same day on 17th September, 2015 declined jurisdiction and upheld the objection of the 1st and 2nd respondents.