Shehu Mohammed Koko v. Shehu Mohammed Bello Koko (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, JSC (Delivering the leading judgment)

The appeal herein is against the judgment of the Court of Appeal, Sokoto Division, delivered on 23rd November, 2022, wherein the judgment of the Federal High Court, Kebbi Division was set aside, and the 1st respondents claims were granted.

Both the appellant and the 1st respondent are members of the 2nd respondent, the All Progressives Congress (APC), and both were desirous of contesting the party’s primary election for the selection of its candidate for election into the House of Representatives for the position of Member representing Koko- Besse/Maiyama Federal Constituency of Kebbi State.

In preparation for the primary election scheduled to hold on 27th May, 2022, the appellant and the 1st respondent obtained Nomination and Expression of Interest Forms and were screened and cleared to contest the primary election.

In line with the 2nd respondent’s guidelines, its National Working Committee set up a five-member Electoral Committee consisting Hon. Chamberlain Dunkwa Nnamdi, Barr. Yusuf Ibrahim Wukari, Aminu Fari, Hon. Sanusi Olufemi and Hon. Offor Ikechukwu Vincent to conduct primary elections for the selection of the party’s candidates in the eight Federal Constituencies in Kebbi State, including Koko-Besse/Maiyama Federal Constituency.

The primary election held on 27th May, 2022 and both the appellant and the 3rd respondent claimed to have won the election, with the appellant claiming to have won the election with 115 votes to the 1st respondent’s zero vote.

The 1st respondent on the other hand, claimed to have scored 85 votes, to the appellant’s 30 votes. He claimed that the appellant conducted a parallel primary election and declared himself winner of the primary election. On 3rd June, 2022, the Kebbi State Chairman of the 2nd respondent by a letter written to the Chairman of the party declared the primary election as inconclusive.

The 1st respondent also claimed that the appellant used his influence as a sitting member of the House of Representatives to stop the 2nd respondent from recognizing him as the winner of the primary election. Against this background, the 1st respondent took out a writ of summons and statement of claim at the trial court and sought the following reliefs:

(i) A declaration that the 2nd defendant’s Primary Election for the Member representing Koko- Besse/Maiyama Federal Constituency of Kebbi State, was conducted on the 27th May, 2022 at the Maiyama Local Government Secretary (sic).

(ii) A declaration that the 2nd defendant’s primary election for the member representing Koko-Besse/Maiyama Federal Constituency of Kebbi State, conducted on the 27th May, 2022 at the Maiyama Local Government Secretary (sic) is valid and its result from the vote of democratically elected delegates is validly and subsisting.

(iii) A declaration that the claimant having scored the highest number of votes of the democratically elected delegates at the primary election conducted on 27th may, 2022 is the lawfully elected candidate for member representing Koko-Besse/Maiyama Constituency of Kebbi State.

(iv) A declaration that neither the 1st defendant nor the 2nd defendant can change the result of primary election it conducted for Koko-Besse/Maiyama Federal constituency of Kebbi State in which the plaintiff emerged winner and was so declared by the 2nd defendant.

(v) A declaration that the claimant having been the duly elected candidate is the person entitled to the certificate of return to contest in the election for the Koko-Besse/ Maiyama Federal Constituency of Kebbi State.

(vi) A declaration that the 2nd defendant cannot lawfully issue a certificate of return in respect of the Primary Election for Member representing Koko-Besse/Maiyama Federal Constituency of Kebbi State for the primary election conducted on the 27th May, 2022 at the Maiyama Local Government Secretary (sic) to a person who did not win the primary election.