Whether a Political Party Is Bound to Submit the Name of a Candidate Who Emerged as the Winner of the Party Primaries

CASE TITLE: NONGO v. ACHADO & ORS (2023) LPELR-60110(SC)

JUDGMENT DATE: 20TH FEBRUARY, 2023

PRACTICE AREA: ELECTORAL MATTERS

LEAD JUDGMENT: MOHAMMED LAWAL GARBA, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Pre-Election Matters.

FACTS:

This appeal is against the decision of the Federal High Court, Abuja.

The Appellant and the 1st Respondent, members of the 3rd Respondent each asserted that he participated and scored the highest votes at the direct primary election conducted on the 29th May, 2022 for the selection/nomination of a candidate to contest election for the Gwer-West/Gwer-East Federal Constituency seat at the House of Representatives in the 2023 Elections.

The 1st Respondent asserted that he emerged and was declared the winner of the said primary election with 36,662 votes while the Appellant scored 966 votes, to come third in the election. Instead of the 3rd Respondent forwarding his name to the 2nd Respondent as the duly elected and nominated candidate as required by the Electoral Act, 2022, 1st Respondent was shocked when on the 17th June, 2022, the name of the Appellant was forwarded to the 2nd Respondent as the candidate for the constituency. In reaction, the 1st Respondent filed a suit, vide originating summons, at the Federal High Court, Abuja by which he sought the determination of six (6) questions and predicated on the favourable answers, prayed for fourteen (14) reliefs from the trial Court.

At the end of trial, the trial Court in the judgment delivered on the 31st October, 2022, granted all the reliefs sought by the 1st Respondent. Aggrieved by the decision of the trial Court, the Appellant appealed to the Court of Appeal. In the judgment delivered on the 3rd of January, 2023, the Court of Appeal dismissed the Appellant’s appeal “as one without merit”. Further aggrieved, the Appellant appealed to the Supreme Court.

ISSUES:

The appeal was determined on the following issue:

“Whether from the evidence adduced before the trial Court, the two (2) Courts below are right that the 1st Respondent was the person/aspirant who was validly elected at the primary election conducted on the 29th May, 2022 whose name ought to be forwarded/nominated as the candidate of the 3rd Respondent for the election in question.”

DECISION/HELD:

On the whole, the appeal was dismissed.

RATIOS:

• ACTION – STATUTE BARRED ACTION: How to determine whether an action is statute-barred; effect of a statute-barred action
• COURT – APPELLATE COURT: Duty of appellate Court in an appeal
• 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 wrongful replacement of the name of an aspirant as the candidate of a political party
• ELECTORAL MATTERS – NOMINATION AND SPONSORSHIP OF CANDIDATE: Whether a political party is bound to submit the name of a candidate who emerged as the winner of the party primaries

Go to primsol.lawpavilion.com to read the full judgment.