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Before Their Lordships
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
EJEMBI EKO Justice of The Supreme Court of Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
EJEMBI EKO Justice of The Supreme Court of Nigeria
Between
BARRISTER FRANC FAGAH UTOO –Appellants
AND
1. ALL PROGRESSIVES CONGRESS (APC)
2. DICKSON DOMINIC TARKIGHIR
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) –Respondents
…………………….A…………………….
WALTER SAMUEL NKANU ONNOGHEN, J.S.C (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Abuja Division in appeal No. CA/A/128/2016 delivered on 9th December, 2016 in which the Court dismissed the appeal of appellant against the judgment of the High Court of the Federal Capital Territory in suit No. CV/932/2015 delivered on the 15th day of December, 2015 dismissing the case of the plaintiff, now appellant before this Court. The instant appeal is therefore a further appeal by the appellant.
The facts of the case include the following:
On the 27th day of January, 2015, appellant, as plaintiff instituted an action vide an originating summons against the respondents in which he called for the determination of the following questions:-
1. WHETHER the 1st Defendant acted in accordance with Sections 31 (1) & 87 (4) (c) (ii) of the Electoral Act, 2010 (as amended) to have forwarded the name of the 2nd Defendant to the 3rd Defendant as candidate in the forthcoming 2015 general election in Makurdi/Guma Federal Constituency of Benue State when the 2nd Defendant neither participated nor emerged as winner of the primary election conducted on the 7th day of December, 2014 in Makurdi.
2. WHETHER having regard to Section 31(2) of the Electoral Act 2010 (as amended) the 2nd defendant who did not take part in the Makurdi/Guma Federal Constituency primary election of the 1st defendant held at the Haf Haven hotel premises on the 7th of December 2014 complied with the requirement of the law regarding the information and affidavit of personal particulars submitted to the 3rd defendant when he was not the one who stood and won the primary election.
3. WHETHER having regard to Sections 31 (1) and (5), 87 (4) (c) (ii) (7) (9) & (10) of the Electoral Act, 2010 (as amended), the 1st Defendant was right to have failed, refused and or neglected to submit to the 3rd Defendant the name of the Plaintiff who participated in the primary election and was declared winner and candidate of the 1st defendant, All Progressives Congress (APC) for the forthcoming 2015 general election for the Makurdi/Guma Federal constituency of Benue State.
4. WHETHER having regard to the provision of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Electoral Act, 2010 (as amended) the 1st defendant having screened and cleared the plaintiff to participate in the 1st Defendant’s House of Representatives primary election and the plaintiff having participated and won the said primary election and the report of the National Assembly primaries Elections Appeal Committee of the 1st Defendant, affirming the Plaintiff as the winner of the primary election and the candidate of the 1st Defendant, the 1st Defendant had any discretion to have refused to submit the name of the plaintiff as the candidate of the 1st Defendant for the 2015 general election of Makurdi/Guma Federal Constituency of Benue State to the 3rd Defendant.
5. If the question in 4 above is answered in the negative especially against the 1st Defendant, WHETHER the plaintiff is not entitled to be accorded all the rights of a nominated candidate of the 1st Defendant for the forthcoming 2015 general election into the House of Representatives to represent Makurdi/Guma Federal Constituency of Benue State.
The plaintiff claimed the following reliefs:
1. A DECLARATION that it is mandatory for the 1st defendant to forward the name of the plaintiff who won the primary election conducted by the 1st defendant in the Makurdi/Guma Federal Constituency of Benue State on the 7th of December, 2014 to the 3rd Defendant in accordance with the Electoral Act 2010 (as amended).
2. A DECLARATION that the purported selection and submission of the name of the 2nd Defendant who did not participate in the 1st defendants primary election as its candidate for the forthcoming 2015 general election into the National Assembly for Makurdi/Guma Federal Constituency of Benue State to INEC is unlawful, unconstitutional, null and void and of no effect whatsoever.
3. A DECLARATION that the Plaintiff who participated and won the party primary election and was declared the candidate of the 1st Defendant is the authentic, rightful and lawful candidate of the 1st Defendant in the 2015 general election of Makurdi/Guma Federal Constituency of Benue State.
4. A DECLARATION that the 1st Defendant cannot by arbitrary fiat or through any illegal or unlawful means adopt and submit the name of the 2nd Defendant to the 3rd defendant as its House of Representatives candidate
On the 27th day of January, 2015, appellant, as plaintiff instituted an action vide an originating summons against the respondents in which he called for the determination of the following questions:-
1. WHETHER the 1st Defendant acted in accordance with Sections 31 (1) & 87 (4) (c) (ii) of the Electoral Act, 2010 (as amended) to have forwarded the name of the 2nd Defendant to the 3rd Defendant as candidate in the forthcoming 2015 general election in Makurdi/Guma Federal Constituency of Benue State when the 2nd Defendant neither participated nor emerged as winner of the primary election conducted on the 7th day of December, 2014 in Makurdi.
2. WHETHER having regard to Section 31(2) of the Electoral Act 2010 (as amended) the 2nd defendant who did not take part in the Makurdi/Guma Federal Constituency primary election of the 1st defendant held at the Haf Haven hotel premises on the 7th of December 2014 complied with the requirement of the law regarding the information and affidavit of personal particulars submitted to the 3rd defendant when he was not the one who stood and won the primary election.
3. WHETHER having regard to Sections 31 (1) and (5), 87 (4) (c) (ii) (7) (9) & (10) of the Electoral Act, 2010 (as amended), the 1st Defendant was right to have failed, refused and or neglected to submit to the 3rd Defendant the name of the Plaintiff who participated in the primary election and was declared winner and candidate of the 1st defendant, All Progressives Congress (APC) for the forthcoming 2015 general election for the Makurdi/Guma Federal constituency of Benue State.
4. WHETHER having regard to the provision of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Electoral Act, 2010 (as amended) the 1st defendant having screened and cleared the plaintiff to participate in the 1st Defendant’s House of Representatives primary election and the plaintiff having participated and won the said primary election and the report of the National Assembly primaries Elections Appeal Committee of the 1st Defendant, affirming the Plaintiff as the winner of the primary election and the candidate of the 1st Defendant, the 1st Defendant had any discretion to have refused to submit the name of the plaintiff as the candidate of the 1st Defendant for the 2015 general election of Makurdi/Guma Federal Constituency of Benue State to the 3rd Defendant.
5. If the question in 4 above is answered in the negative especially against the 1st Defendant, WHETHER the plaintiff is not entitled to be accorded all the rights of a nominated candidate of the 1st Defendant for the forthcoming 2015 general election into the House of Representatives to represent Makurdi/Guma Federal Constituency of Benue State.
The plaintiff claimed the following reliefs:
1. A DECLARATION that it is mandatory for the 1st defendant to forward the name of the plaintiff who won the primary election conducted by the 1st defendant in the Makurdi/Guma Federal Constituency of Benue State on the 7th of December, 2014 to the 3rd Defendant in accordance with the Electoral Act 2010 (as amended).
2. A DECLARATION that the purported selection and submission of the name of the 2nd Defendant who did not participate in the 1st defendants primary election as its candidate for the forthcoming 2015 general election into the National Assembly for Makurdi/Guma Federal Constituency of Benue State to INEC is unlawful, unconstitutional, null and void and of no effect whatsoever.
3. A DECLARATION that the Plaintiff who participated and won the party primary election and was declared the candidate of the 1st Defendant is the authentic, rightful and lawful candidate of the 1st Defendant in the 2015 general election of Makurdi/Guma Federal Constituency of Benue State.
4. A DECLARATION that the 1st Defendant cannot by arbitrary fiat or through any illegal or unlawful means adopt and submit the name of the 2nd Defendant to the 3rd defendant as its House of Representatives candidate
…………………….B…………………….
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