Judgment
TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the decision of the Federal High Court, Jalingo, Taraba State delivered on the 20th day of September, 2022 in Suit No. FHC/JAL/CS/23/2022 by Hon. justice S.A. Amobeda. The 2nd Respondent as Plaintiff at the Court below instituted an action by way of originating summons against the 2nd Appellant as 1st Defendant therein, the 1st Respondent as 2nd Defendant, praying the Court below, for the determination of the following questions. 1.
Whether the 1st Defendant can conduct its primary elections with the State Executives of the party whose election was set aside and declared null and void by a judgment of the Court and forward the list of its nominated candidates to the 3rd Defendant without conducting primary elections as required by the Electoral Act, 2022. 2.
Whether the plaintiff who was an aspirant of the Defendant for the conduct of the primary elections scheduled to hold on the 27th day of May, 2022 to elect a candidate to be sponsored by the 1st defendant for Bali/Gassol Federal Constituency Elections into House of Representative of the National Assembly of the Federal Republic of Nigeria in the elections to be held by the 3rd Defendant in February, 2023 is entitled to have his name submitted to the 3rd Defendant for reason of the fact that the 1st Defendant failed/neglected to conduct the primary elections as scheduled by it, to be conducted by direct primary elections in line with the provisions of Section 84(4)(a), (b) and (c) of the Electoral Act, 2022. 3.
Whether the purported primary elections which the 1st Defendant claimed to have conducted which returned the 3rd Defendant have complied with the provisions contained in Section (82)(1), (2) and (3) of the Electoral Act, 2022. 4. Whether the 1st Defendant can unilaterally submit the name of the 3rd Defendant to the 2nd Defendant as its candidate without conducting a free, fair and transparent primary elections as envisaged by Electoral Act 2022, having regard to the provisions of Section 83(1), (2), (3) and (4) of the Electoral Act, 2022.
Upon determination of the questions, the Plaintiff/2nd Respondent prayed for five reliefs. The originating summons is supported by affidavit of twenty paragraphs and seven annextures attached. The Appellants as 1st and 3rd Defendants filed a counter affidavit of thirty one paragraphs with Exhibits attached. The learned trial Judge after considering the case of the parties delivered his judgment on the 20th of September, 2022 granting three of the reliefs and refused to grant two of the reliefs namely reliefs 3 and 5.
