Proper Court to File Pre-Election Matter; Effect of Failure to File Same within Time

CASE TITLE: ALIYU v. APC & ORS (2022) LPELR-57345(SC)

JUDGMENT DATE: 18TH FEBRUARY, 2022

PRACTICE AREA: ELECTORAL MATTERS

LEAD JUDGMENT: TIJJANI ABUBAKAR, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the jurisdiction of a Court over the internal affairs of a political party.

FACTS

This is an appeal against the judgment of the Court of appeal sitting in Makurdi delivered on the 15th day of December 2021.

The judgment of the Court of Appeal affirmed the ruling delivered by the High Court of Justice Nasarawa State on the 8th day of October 2021 wherein the trial Court struck out the action filed by the Plaintiff/Appellant for want of jurisdiction.

Just by way of summary of facts grounding this appeal, the Appellant commenced an action against the 1st to 4th Respondents (as of 1st- 4th Defendants) by originating summons challenging the primary elections conducted by the 1st Respondent on the 26th day of July 2021 for the position of Chairman Nasarawa Eggon Local Government of Nasarawa State.

The Appellant felt aggrieved by the way the primaries were conducted because he satisfied all the requirements for participation in the primary elections to contest for the office of the Chairman Nasarawa Eggon Local Government but to his utter surprise and chagrin the Primary elections were conducted behind him through some manoeuvres and intrigues, he was side-lined, the primary elections produced the 3rd Respondent as the successful candidate of the 1st Respondent, the name of the 3rd Respondent was therefore submitted to the 4th Respondent as the successful candidate of the 1st Respondent.

The Plaintiff /Appellant took out originating summons on the 9th day of August 2021 at the High Court of Justice, Nasarawa State, asking for some declarations and questions to be determined by the trial Court.

At the trial, the 1st and 2nd Respondents filed a notice of preliminary objection seeking to strike out the suit on four grounds.

The grounds of objection at the trial were that the Plaintiff had no locus standi to institute the action, that the suit was filed outside the 14 days period required, the action was therefore statute-barred, that the plaintiff failed to include his National Identification Number in the originating summons thereby rendering the processes filed invalid, and that the Plaintiff had not exhausted the internal remedies for dispute resolution in line with the party Constitution. The 4th Respondent also filed a notice of preliminary objection contending that there was no cause of action against it.

The matter was heard by the trial Court, the trial Court held that it had no jurisdiction to entertain the suit, and it was accordingly struck out.

The Appellant became nettled by the decision of the trial Court and appealed to the Court of Appeal Makurdi Division. On the 15th day of December 2021, the Court of Appeal rendered a decision holding that it had no jurisdiction to entertain the appeal, the appeal was therefore accordingly struck out.

The Appellant again became aggrieved and further appealed to the Supreme Court. At the Supreme Court, the 4th Respondent raised a Preliminary objection on the following grounds:

1. “The Court lacks jurisdiction to entertain this appeal.

2. The suit was filed outside the required period of 14 days as provided by Section 285(9) of the 1999 Constitution (as amended) and same is statute-barred.”

ISSUES FOR DETERMINATION

The Supreme Court determined the appeal based on the preliminary objection formulated by the 4th respondent’s counsel.

DECISION/HELD

On the whole, the Supreme Court held that the preliminary objection was meritorious and it was accordingly sustained. The appeal was struck out.

RATIOS:

• COURT- JURISDICTION: Whether the Courts have jurisdiction over matters emanating from the conduct of election to posts in the Local Government Councils
• ELECTORAL MATTERS- PRE-ELECTION MATTERS: Proper Court to file pre-election matter; effect of failure to file same within the time
• ELECTORAL MATTERS- ELECTION: Whether the provisions of the Electoral Act apply to Local Government Elections; whether the same is appealable to the Court of Appeal or the Supreme Court
• ELECTORAL MATTERS- POLITICAL PARTY PRIMARY: Whether a party that did not participate in a primary election can bring an action against it
• ELECTORAL MATTERS- ELECTION: Whether there can be a right of action over the selection or nomination of the candidate of a political party for Local Government Elections
• ELECTORAL MATTERS- POLITICAL PARTY: Binding nature of party constitution on its members; whether an aspirant can exercise a right of action over a dispute arising from party primary elections without first exhausting the internal mechanisms