Mansur Abbas Waziri v. Falalu Bako Bello (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

CHIMA CENTUS NWEZE, JSC (Delivering the leading judgment)

The appellant commenced an action at the Federal High Court, Abuja Judicial Division, by way of originating summons, seeking the determination of ten questions, to wit:

1. Whether in line with the provision of section 84 (5) (c) (i), (12) of the Electoral Act, 2022, civil service rules, a civil servant and political appointees could be allowed to participate in the political activities of the third respondent by casting their vote in the primary election conducted by the third respondent into the office of member Niger State House of Assembly of Kotangora I Constituency conducted on May 26, 2022, held in Kotangora Local Government Area of Niger State?
2. Whether having regard to section 84 (5) (c) (12) of the Electoral Act, 2022, article 20.4 (d) of the third defendant’s Constitution, the relevant provisions of the Guidelines of the third defendant, the third defendant can legally/lawfully declare the first defendant winner of the primary election conducted by the official of the third respondent supervised/monitored by the fourth respondent on May 26, 2022, having not been elected by the accredited/eligible delegates from Kotangora I Constituency Area of Niger State?
3. Whether having regard to section 84 (5) (c) (i) , (12) of the Electoral Act, 2022, article 20.4 (d) of the third defendant’s Constitution, the relevant provisions of the Guidelines of the third defendant, the plaintiff/applicant ought to have been declared as the winner of the primary election conducted by the official of the third respondent supervised/monitored by the fourth respondent on May 26, 2022, held in Kotangora Local Government Area of Niger State, the plaintiff having polled the highest number of valid votes cast by the eligible accredited delegates?
4. Whether having regard to section 84 (5) (c) (i), (12) of the Electoral Act, 2022, article 20.4 (d) of the third defendant’s Constitution, the relevant provisions of the Guidelines of the third defendant, the third defendant has the right to cancel the entire election conducted on May 26, 2022, accredited 38 delegates from Kotangora I Constituency votes cast and counted 10 votes in favour of the plaintiff/applicant from Kotangora I Constituency as captured by the report of the fourth respondent?
5. Whether having regard to the provisions of section 36 of the 1999 Constitution of the Federal Republic of Nigeria, (as amended), Mansur Abbas Waziri the applicant, as an aspirant is not entitled to be informed before the conduct of a re-run election conducted on June 5, 2022, for the nomination of candidate for Niger State House of Assembly for Kotangora I Constituency of Niger State under the platform of the third defendant?
6. Whether having regard to the provisions of section 36 of the 1999 Constitution of the Federal Republic of Nigeria, (as amended), Mansur Abbas Waziri the applicant, is entitled to be afforded fair hearing by responding to his petition of May 30, 2022, about the primary election conducted on May 26, 2022, before another primary election will be conducted on June 2022 for nomination of candidate for member’ Niger State house of assembly, Kotangora I Constituency of Niger State?
7. Whether the respondents are not bound to comply with the Electoral Act, 2022, the Constitution and Guidelines of the third respondent in nominating a candidate for member Niger State House of Assembly Kotangora I Constituency of Niger State?
8. Whether the third respondent was right to have conducted another primary election on June 5, 2022, for the nomination of candidate for member Niger State house of assembly, Kotangora I Constituency of Niger State without responding to the complaint contrary to section 36 of the 1999 Constitution of the Federal Republic of Nigeria, 1999 (as amended)?
9. Whether the third respondent was right to have conducted another primary election on June 5, 2022, for the nomination of candidate for member Niger State house of assembly, Kotangora I Constituency of Niger State in Minna contrary to the Electoral Act, the Constitution and Party Guidelines of the third respondent that the election shall be conducted within headquarters of the Constituency?
10. Whether or not the purported primary election conducted on June 5, 2022 outside the headquarters of Kotangora I Constituency of Niger State was not illegal, null and void and unconstitutional having regards to the Electoral Act, the Constitution and Party Guidelines of the third respondent?

The appellant, subsequently, sought sundry reliefs. The originating summons is contained at pages 3 to 74 of Vol. 1 of the record of appeal.

The respondents opposed the originating summons. On his part, the first respondent filed a notice of preliminary objection. He, also, filed a counter-affidavit in opposition to the originating summons. The second and third respondents filed their counter-affidavits.

It was the case of the appellant that he was an aspirant who contested in the primary election of the third respondent to the Niger State House of Assembly for Kotangora Constituency of Niger State, alongside the first and second respondents.

According to the appellant, having noticed some irregularities in the result of the primary election, he wrote a petition to the third respondent contesting same.

While awaiting the response of the third respondent, he was informed that the third respondent conducted another primary election and forwarded the name of the first respondent to the fourth respondent as its candidate for the Niger State House of Assembly, Kotangora Constituency of Niger State.

The third respondent never communicated or responded to his petition on the irregularities that marred the primary election.

After hearing the respective arguments of parties, the trial court, by its judgment delivered on November 30, 2022, after overruling the first respondent’s preliminary objection, dismissed the suit of the appellant on the ground that the appellant did not offer any concrete evidence to prove the allegation that he was not aware of the fresh or re-run election held on June 5, 2022. This judgment is contained at pages 493 to 524 of Vol. 1 of the record of appeal.

Dissatisfied with the decision of the trial court, the first respondent appealed to the lower court. That court, by its judgment delivered on February 8, 2023, dismissed the appeal, upon upholding the preliminary objection filed by the second and third respondents.

Aggrieved by the decision of the lower court, the appellant has now appealed to this court via a notices of appeal filed on February 15, 2023, fronting four grounds of appeal. These are contained in pages 825- 829 of Vol. 2 of the record of appeal.

Preliminary objections

The first, second and third respondents filed two sets of notice of preliminary objection on February 28, 2023 and February 25, 2023, respectively. The first set is a notice of preliminary objection raised by the first respondent and the second set is the preliminary objection raised jointly by the second and third respondents. For expedition, I find it convenient to hear and determine the two sets of preliminary objections, concurrently.

Starting with the first respondent, his objection is challenging the jurisdiction of this court to hear this appeal, for the following grounds: