Position of the Law Where a Statute/Rules of a Political Party Provides for Internal Dispute Resolution Mechanism; Whether Same Is an Ouster of Right of Access to Court

CASE TITLE: GUSAU v. LAWAL & ORS (2023) LPELR-60152(SC)

JUDGMENT DATE: 6TH MARCH, 2023

PRACTICE AREA: ELECTORAL MATTERS

LEAD JUDGMENT: ADAMU JAURO, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the political party primary.

FACTS:

This appeal is against the judgment of the Court of Appeal, Sokoto Division delivered on 6th January, 2023, in appeal No. CA/S/180/2022 wherein the Court set aside the judgment of the Federal High Court, Gusau Division which had earlier granted the reliefs sought by the Appellant.

The Appellant, the 1st Respondent, Aliyu Hafiz Muhammad and Mallam Wadatau Madawaki, all members of the 2nd Respondent, participated in the 2nd Respondent’s gubernatorial primary election for Zamfara State held on 25th May, 2022. At the conclusion of the exercise, the 1st Respondent emerged victorious and was declared the winner. The Appellant, Aliyu Hafiz Muhammad and Mallam Wadatau Madawaki were displeased with the outcome of the primary election and they approached the trial Court in suit No. FHC/GS/CS/13/2022, seeking the nullification of the primary election. At the conclusion of the suit, the Court delivered its judgment wherein it ordered the conduct of a valid primary election under the full supervision of the 4th Respondent, the Independent National Electoral Commission (INEC).

In compliance with the order, the 2nd Respondent conducted another primary election on 23rd September, 2022 in which the 1st Respondent, the Appellant and Aliyu Hafiz Muhammad fully participated, after notifying INEC by a letter dated 20th September, 2022 (Exhibit E). At the conclusion of the Court-ordered reconducted gubernatorial primary election, the 1st Respondent was again declared victorious and returned as winner with 442 votes, while the Appellant and the said Aliyu Hafiz Muhammad polled one vote each. Unhappy still with the outcome of the Court-ordered primary election, the Appellant and Aliyu Hafiz Muhammad, as 1st and 2nd Plaintiffs respectively, instituted suit No. FHC/GS/CS/32/2022 before the trial Court via an Originating Summons, wherein they sought the resolution of a number of questions and consequently some reliefs.

The case of the Appellant and his co-Plaintiff was that INEC was not given 21 days’ notice as required by Section 82(1) of the Electoral Act, 2022 and that they as aspirants were not issued a 7 days’ notice as required by the 2nd Respondent’s Guidelines, hence the primary election was a nullity.

The 1st- 3rd Respondents as Defendants, on the other hand, insisted that the Court-ordered primary election of 23rd September, 2022 was validly conducted. The 3rd Respondent also contended the Appellant’s suit was incompetent.

After the parties exchanged and adopted their processes at the trial Court, the Court adjourned the suit for judgment. In a reserved judgment delivered on 8th November, 2022, the learned trial Judge dismissed the Notice of Preliminary Objection and granted the reliefs sought by the Plaintiffs. He further invoked Section 84(13) of the Electoral Act and ordered that the 2nd Respondent would present no candidate for the 2023 Zamfara State gubernatorial general election. The Court also discountenanced Exhibit PDP3, the INEC report for being an uncertified public document.

Miffed by the judgment of the trial Court, the 1st Respondent appealed to the Court of Appeal and his appeal was allowed, with the judgment of the trial Court set aside in its entirety hence this appeal to the Supreme Court.

ISSUES:

The appeal was determined on the following issues:

(i) Whether the lower Court was right to reverse the decision of the trial Court which discountenance the INEC REPORT – Exhibit PDP3?

(ii) Whether the lower Court was right when it held that the Gubernatorial Primary Election of the 2nd Respondent for Zamfara State held on 23/09/2022 was validly conducted, bearing in mind the decision of the trial Court in the suit. No. FHC/GS/CS/13/2022 between Dr. Ibrahim Shehu Gusau & 2 Ors v. Peoples Democratic Party & 4 Ors?

(iii) Whether the lower Court was right when it held that the Appellant’s failure to fulfil the condition precedent stated in Part V8 (h) of the 2nd Respondent’s Electoral Guidelines was fatal to his case.

DECISION/HELD:

The appeal was dismissed for lack of merit.

RATIOS:

• ELECTORAL MATTERS – POLITICAL PARTY PRIMARY: Instance, where the requirement of notice to the INEC for the validity of a Court ordered primary election, will be held to have been complied with
• ELECTORAL MATTERS – POLITICAL PARTY: Whether political parties and their members are bound by their constitution/rules, Electoral Act and Constitution of the Federal Republic of Nigeria
• ELECTORAL MATTERS – POLITICAL PARTY: Position of the law where a statute/rules of a political party provides for internal dispute resolution mechanism; whether same is an ouster of the right of access to Court
• ELECTORAL MATTERS – POLITICAL PARTY PRIMARY: Instance, where the requirement of notice to the INEC for the validity of a Court ordered primary election, will be held to have been complied with
• LEGISLATION – STATUTORY METHOD: Position of the law where a statute prescribes a particular mode of performing a particular action