How to Determine Accrual of Cause of Action in a Pre-Election Matter Involving the Allegation of Presentation of False Information/Certificate(S) to INEC

CASE TITLE: DAURA v. YAHAYA & ORS (2023) LPELR-59952(CA)

JUDGMENT DATE: 9TH MARCH, 2023

PRACTICE AREA: ELECTORAL MATTERS

LEAD JUDGMENT: MOHAMMED BABA IDRIS, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on pre-election matters.

FACTS:

The Appellant as Plaintiff before the lower Court filed an originating summons dated and filed the 3rd day of August, 2022 and sought the determination of the following questions:

1. Whether in view of the clear and unambiguous provision of Section 106(c) and Section 107(1)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), read together with Section 29(5) of the Electoral Act, 2022, the 1st Defendant is not qualified from taking part in or otherwise contesting any and/or all stages of elections as member Kaduna State House of Assembly representing Ungwan Sunusi Constituency Kaduna State in the 2023 General election in Kaduna having made false depositions on oath voluntarily in various affidavits and presented false and/or forged documents.

​2. Whether having regard to the provision of Section 29(5) of the Electoral Act, 2022, Section 106(c) and Section 107(1)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the fact that the 1st Defendant submitted and relied on false information, dubious and forged document/certificates in order to participate in and be declared the winner of the 2nd Defendant primary election held on 26th May, 2022, the 1st Defendant herein is not qualified and ineligible to contest the 2023 Kaduna State House of Assembly elections as the lawful candidate of flag bearer of the 2nd Defendant in the forthcoming Kaduna State House of Assembly, now scheduled for 11th March, 2023 by the 3rd Defendant.

3. Whether in the circumstance of this case, the Plaintiff who, next to the ineligible and unqualified 1st defendant, scored the highest number of valid votes cast at the Kaduna State House of Assembly Primary elections of the 2nd Defendant which held on 26th May, 2022 ought not to be declared and returned as the winner of the said primary and, according the candidate and flag bearer of the 2nd Defendant in the Kaduna State House of Assembly election, now schedule to hold 11th March, 2023 by the 3rd Defendant.

4. Whether having regard to the provisions of Section 29(5) of the Electoral Act, 2022, Section 106(c) and Section 107(1)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the fact that the 1st Defendant submitted and relied on false information, dubious and forged document/certificates in order to participate in and be declared the winner of the 2nd Defendant Primary election held on 26th May, 2022, whether the 2nd Defendant herein is not precluded or otherwise prohibited from submitting, forwarding or transmitting the name of the 1st Defendant to the 3rd Defendant as the lawful candidate or flag bearer of the 2nd Defendant in the forthcoming Kaduna State House of Assembly election, now scheduled to hold 11th March 2023 by the 3rd Defendant.

5. Whether the 3rd Defendant, being an independent, unbiased Electoral Umpire, out or should not be restrained, precluded or prohibited from accepting or receiving from or otherwise recognizing or giving effect to the name of the 1st Defendant that may have or may be sent to it as the candidate or flag bearer of the 2nd Defendant for the forthcoming Kaduna State House of Assembly election, now fix 11th March, 2023 by the 3rd Defendant.

​The Appellant also sought some relief.

​The originating summons is supported by an affidavit of 21 paragraphs to which several exhibits were attached. The 1st Respondent filed a Counter Affidavit of 18 paragraphs. The Appellant on the other hand filed a further affidavit of 14 paragraphs to which eight exhibits were attached. The 2nd Respondent also filed a Counter Affidavit of 10 paragraphs to which the Appellant filed a further affidavit of 12 paragraphs in response to the counter affidavit of the 2nd Defendant. The 3rd Respondent filed an affidavit of facts consisting of 4 paragraphs.

The 1st Defendant also filed a Notice of Preliminary Objection wherein the Appellant sought for an order dismissing the suit for want of jurisdiction and upon which the trial Court dismissed the suit for being statute barred.

Dissatisfied with the decision of the trial Court, the Appellant filed this appeal.

ISSUES:

The appeal was determined on:

“Whether having regard to the provision of Section 29(5), of the Electoral Act, 2022 (as amended) and Section 289(9) of the 1999 Constitution of Federal Republic of Nigeria (as amended) when did the cause of action arose to entitle the Appellant to activate the jurisdiction of the trial Court regarding the false information supplied by the 1st Respondent to the 3rd Respondent.”

DECISION/HELD:

The appeal was dismissed.

RATIOS:

• ELECTORAL MATTERS – PRE-ELECTION MATTERS: Position of the law on the determination of accrual of the cause of action in a pre-election matter involving the allegation of the presentation of false information/certificate(s) to INEC; when time begins to run for filing a pre-election matter and effect of a pre-election matter filed out of time
• ELECTORAL MATTERS – PRE-ELECTION MATTERS: Time within which an appeal in a pre-election matter shall be heard and determined
• COURT – POWER OF COURT: Conditions necessary for the exercise of the power of the Court of Appeal under Section 15 of the Court of Appeal Act; instance(s) in which the Court of Appeal will not invoke its powers under the Section
• APPEAL – WITHDRAWAL OF APPEAL: Whether an appellant can file a letter or notice of withdrawal of appeal after the hearing of the appeal