Understanding Participation Limits in Political Party Primary Elections

CASE TITLE: AHIWE & ANOR v. INEC & ORS (2024) LPELR-61674(SC)

JUDGMENT DATE: 12TH JANUARY, 2024

PRACTICE AREA: ELECTION PETITION

LEAD JUDGMENT: UWANI MUSA ABBA AJI, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on an election petition.

FACTS:

This is an appeal by the Appellants against the concurrent findings of facts and law against the decision of the Court of Appeal.

The 1st Respondent conducted an election for the Governorship seat of Abia State. On the 22nd day of March, 2023, INEC declared the 2nd Respondent who was sponsored by the 3rd Respondent as the winner of the election. The 1st Appellant who was sponsored by the 2nd Appellant came second.

In the Appellants’ Petition at the Tribunal, they raised three grounds for its presentation, viz:

a) The 2nd Respondent was not qualified to contest the election at the time of the election.

b) The 2nd Respondent was not duly elected by the majority of lawful votes cast at the election.

c) The election of the 2nd Respondent was invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act, 2022.”

The reliefs they sought from the Tribunal by the appellants were:

a) That it may be determined that at the time of the Abia State Governorship Election of March 18, 2023, the 2nd Respondent was not qualified to contest the said election.

b) That it may be determined that all the votes recorded for the 2nd Respondent in the said election are wasted votes as a result of the non-qualification of the 2nd Respondent.

c) That it may be determined that on the basis of the remaining votes after discounting the votes recorded for the 2nd Respondent, in the said election, the 1st Petitioner has a majority of lawful votes and has satisfied the constitutional requirement by obtaining the required spread, that is, 25% of votes in each of at least two thirds (2/3) of all the Local Government Areas of Abia State.”

The Tribunal dismissed the petition of the Appellants. On appeal to the Court of Appeal, the Court dismissed the appeal. Miffed, the Appellants filed this appeal before the apex Court.

ISSUES FOR DETERMINATION:

The Court considered:

1. “Whether the lower Court was wrong to hold that the Appellants did not prove the issue of disqualification of the 2nd Respondent.”

2. “Whether the decision of the lower Court on the Matters of Pleadings, Evidence, and Formulation of Issues for Determination in an appeal is correct in law and not perverse?”

3. “Whether, in the particular circumstances of this case, the Appellants can be rightly said to have had a fair hearing and/or a fair trial at the Honorable Tribunal.”

DECISION/HELD:

In a unanimous decision, the appeal was dismissed.

RATIOS:

• ELECTORAL MATTERS – NOMINATION AND SPONSORSHIP OF CANDIDATE – Whether a political party/its candidate can challenge the nomination/sponsorship process of another party/its candidate
• ELECTION PETITION – JURISDICTION OF ELECTION PETITION TRIBUNAL – Whether Election Tribunals have jurisdiction to hear and determine claims based on pre-election matters and internal affairs of political party filed by another political party/candidate
• ELECTION PETITION – SUBSTANTIAL COMPLIANCE – When will the issue of substantial compliance be considered in an election petition?
• ELECTION PETITION – QUALIFICATION OF A CANDIDATE – Whether the name of a candidate is in the voters register of the political party sponsoring him, submitted to INEC at least 30 days before the primary election of the party is a requirement for qualification for election
• ELECTORAL MATTERS – MEMBERSHIP OF A POLITICAL PARTY – Whether membership of a political party is the internal affair of a party and same is not justiciable
• ELECTORAL MATTERS – POLITICAL PARTY PRIMARY – Whether a person is precluded from participating in more than one political party primary election
• ELECTION PETITION – JURISDICTION OF ELECTION PETITION TRIBUNAL – Whether Election Tribunals have jurisdiction to hear and determine claims based on pre-election matters
• ELECTORAL MATTERS – NOMINATION AND SPONSORSHIP OF CANDIDATE – Who Can Challenge the Nomination of a Candidate?

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