Judgment
ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment) : Appellant filed this Appeal against the decision of the Federal High Court in Suit No. FHC/DT/CS/06/2022, delivered on 24th October, 2022 by Hon. Justice Hassan Dikko, whereof the trial Court dismissed the claim of the Appellant (who was the plaintiff at the lower Court).
The trial Court also annulled the primary election that produced the 3rd Respondent, on the ground that the said election was not conducted by the National Working Committee or National Executive Committee of the 1st Respondent and that the 2nd Respondent did not monitor the said conduct of the election.
At the trial Court, Appellant (as Plaintiff) had sought the following Reliefs: a) A declaration of this honorable Court that the plaintiff having scored the majority of the number of votes cast at the primary election to determine the flag bearer of the 1st defendant to contest for the position of member of House of Representatives Federal Constituency of Hadejia/Auyo/Kafin Hausa, Jigawa State in the 2023 general election, held on the 22nd May, 2022 is hereby declared the winner. b) A declaration of this honorable Court that the plaintiff is the 1st defendant’s candidate to contest for the position of member House of Representatives in the Federal Constituency of Hadejia/Auyo/Kafin Hausa, Jigawa State in the 2023 general elections. c) A declaration is the 3rd defendant is not the legal, bonafide and valid candidate of the 1st defendant to contest for the position of member House of Representatives in the Federal Constituency of Hadejia/Auyo/Kafin Hausa, Jigawa State in the 2023 general elections, having scored the minority of votes cast at the primary election held on the 22nd May, 2022. d) An order setting aside the purported submission of the name of the 3rd defendant to the 2nd defendant by the 1st defendant as PDP candidate for the 2023 general election for the position of member House of Representatives Hadejia/Auyo/Kafin Hausa Federal Constituency, having been done contrary to party guidelines and the Electoral Act. e) An order compelling the 2nd defendant to recognize the plaintiff as the candidate of the 1st defendant for the position of member of House of Representatives, Hadejia/Auyo/Kafin Hausa constituency into the House of Representatives for the 2023 general elections. f) An order of perpetual injunction restraining the 3rd defendant from parading himself as the winner of the primary elections into the National Assembly conducted on the 22nd day of May, 2022 for the Hadejia/Auyo/Kafin Hausa Federal Constituency organized by the 1st defendant. g) Cost of filing and prosecuting this action to the N3,000,000 (Three Million Naira only). h) Any further order or orders as this Court may deem fit to make in the circumstances of this suit. (See Pages 758 – 759 of the Records) The gravamen of the Appellant’s contention at the trial is that he is a card-carrying member of the 1st Respondent;
