Election

This is because it has been settled by this Court that it is only the National Executive Committee or National Working Committee of a party that has the power to conduct primary elections. See: Emenike Vs P.D.P. (supra): Yar'Adua Vs Yandoma (2014) LPELR (SC) @ 107 A-C.

This is a pre-election matter arising from 2nd respondent's primary election for the nomination of its candidate for the 2015 Akwa Ibom North East Senatorial election. For the appellant to succeed, he must establish that he took part in the primary election conducted by the National Working Committee of the 2nd respondent. See Emeka V. Okadigbo (2012) 18 NWLR (Pt 1331) 55, Emenike V. PDP. (2012) NWLR (Pt 1315) 556 at 594, 600, 602 and Senator Abubakar Saddiq Yar'adua & Ors V. Senator Abdu Umar Yandoma & Ors. (2014) LPELR-(SC).

In political cases, the only proof of winning of an election is the election result duly issued; mere averments cannot stand up to that. The Court below was right to place a greater value on documentary evidence, which bears eloquent testimony to what happened – See Aiki V. ldowu (2005) 9 NWLR (Pt 984) 47, wherein it was observed-
Documents when tendered and admitted in Court are like words uttered and do speak for themselves. They are even more reliable and authentic than words from the vocal cord of man because they are neither transient nor subject to distortion and misinterpretation but remain permanent and indelible through the ages. The documents bear eloquent testimony to what happened.

This issue has been flogged and over-flogged in political cases decided by this Court, and the position is pretty well-settled that any dissatisfied contestant at the primaries is now empowered by Section 87(9) of the Electoral Act, 2010 (as amended) to ventilate his grievance at the Federal High Court or High Court of a State or of the Federal Capital Territory – Lokpobiri V. Ogola & Ors (2015) 10-11 MJSC 74, Jev V. lyortyom (2014) All FWLR (Pt. 747) 749 SC.