Which Body Has the Power to Conduct Political Party Primary Elections

CASE TITLE: APC v. JEGA & ORS (2023) LPELR-59866(SC)

JUDGMENT DATE: 20TH JANUARY, 2023

PRACTICE AREA: ELECTORAL MATTERS

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

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Electoral Matters.

FACTS:

This is an appeal against the decision of the Court of Appeal, Sokoto Judicial Division, delivered on November 16th, 2022 in Appeal No. CA/S/155/2022.

The case of the Appellant was that, it conducted its primary election on 27/5/2022, for the House of Representatives for Aliero/Gwandu/Jega Federal Constituency of Kebbi State, scheduled to hold on 25/2/2023, wherein the 1st and 2nd Respondents participated and the 2nd Respondent polled the highest votes of 149, while the 1st Respondent got 6 votes, and the 2nd Respondent was declared the winner. His name was submitted to the 3rd Respondent.

The case of the 1st Respondent however was that he won the primary election held on 27/5/2022, conducted by the National Working Committee of the Appellant but to his discovery, it was the name of the 2nd Respondent that was published by the 3rd Respondent as the candidate of the Appellant instead of his name. The primary election that produced the 2nd Respondent was conducted similarly on 27/5/2022 by the State Electoral Committee of Kebbi State. Thus, vide an Originating Summons filed on 29/6/2022, the 1st Respondent challenged the submission/forwarding and publication of the name of the 2nd Respondent by the Appellant as its candidate to the 3rd Respondent.

The trial Court dismissed the case of the 1st Respondent. On appeal, the Court of Appeal set aside the decision of the trial Court, hence this appeal to the Supreme Court.

ISSUES FOR DETERMINATION:

The Court determined the appeal based on the following issues for determination:

1. Whether the Court below was right when it held that grounds 1, 2, 3, 6, 7, 8, 8, 9, 10, 11, and 12 of the grounds of appeal filed by the 1st Respondent at the lower Court are competent.

2. Whether the lower Court was correct when it held that the suit filed by the 1st Respondent at the trial Court does not constitute abuse of the Court process.

3. Whether the lower Court violated the right of the Appellant to a fair hearing in the determination of the appeal filed by the 1st Respondent at the lower Court.

4. Whether having regard to the circumstances of this case, the lower Court correctly evaluated and reviewed the case of the parties before allowing the appeal of the 1st Respondent filed at the lower Court.

DECISION/HELD:

In the final analysis, the Court dismissed the appeal.

RATIOS:

• ELECTORAL MATTERS – POLITICAL PARTY PRIMARY: Position of the law where two parallel primaries are conducted by a party’s National and State Executive Committee
• ELECTORAL MATTERS – POLITICAL PARTY PRIMARY: Whether the power to conduct primary elections is restricted to the Electoral Committee constituted by the National Working Committee of a political party; effect of one conducted by a State Executive Committee
• EVIDENCE – PRESUMPTION OF REGULARITY: Instance where the presumption of regularity will be applicable to an act performed by a public official