Senator Mohammed Mana V. Peoples Democratic Party (PDP) & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This appeal emanated from the Judgment of the Federal High Court Abuja in Suit No: FHC/ABJ/CS/148/11 – Senator Mohammed Mana vs. Alhaji Bindowo Jibrilla & 2 Others delivered on the 23rd day of March, 2011.

Briefly the facts of the case are that the Appellant who was the Plaintiff at the trial Court instituted the Suit which led to this Appeal by way of Originating Summons where he sought for the determination of three questions and prayed for three reliefs.

The said questions for determination and the reliefs sought are hereby set out as follows:-

Questions for Determination

(1) Whether the result of the Primary Election of the Peoples Democratic Party (PDP) held in Adamawa North Senatorial District on 9th January, 2011 was set aside by the PDP for inter alia gross irregularities?

(2) Whether the Plaintiff is the winner of the re-run Primary Election of the PDP to select the party’s candidate to contest the Adamawa North Senatorial District Election in April 2011?

(3) Whether the Plaintiff is the lawful candidate of the 1st Defendant for the Adamawa North Senatorial District Election in April 2011.

Reliefs Sought

If the answers to the above questions are in affirmative, then the Plaintiff seeks the following reliefs:-

(a) An Order of Mandatory Injunction restraining the Defendants by themselves, agents, servants/privies from presenting and/or recognizing the 3rd Defendant as the Senatorial Candidate for Adamawa North Senatorial District in the April 2011 General Elections.

(b) An Order of Mandamus compelling the 1st and 2nd Defendants to present and/or recognize the Plaintiff as lawful candidate of the 1st Defendant having won the re-run primary election for Adamawa North Senatorial District for the April 2011 General Election, or ALTERNATIVELY

An Order of Mandamus compelling the 1st and 2nd Defendants to present and or recognize the Plaintiff as the lawful Senatorial Candidate of the 1st Defendant having won the original primary election of the PDP on 9th January, 2011………….”

At the conclusion of hearing, the learned trial Judge in a considered Judgment dismissed the Plaintiff’s Claim in its entirety.