ABDULAZEEZ A. V. SHITTU (2023)

Background

The case centers on a dispute arising from the primary elections held by the Peoples Democratic Party (PDP) to nominate candidates for the Ikorodu Federal Constituency in the House of Representatives for the 2023 general elections. The contest was between the appellant, Mr. Awesu Abdulazeez A., and the first respondent, Abdulkareem Olugbenga O., with the primary election conducted on May 24, 2022. The first respondent emerged victor with 39 votes, while the appellant received 12 votes. Subsequently, a repeat primary was conducted on June 6, 2022, resulting in a tie.

Issues

The Supreme Court examined several key issues including:

1. Whether the lower court's ruling that the matter was not time-barred under section 285(9) of the 1999 Constitution was correct.
2. The validity of the primary election held on May 24, 2022, and whether the appellant challenged its legitimacy.
3. The sufficiency of evidence presented by the appellant to discredit the election results.
4. The correctness of the lower court's affirmation of the 1st respondent's candidacy.
5. The appropriateness of the cost awarded to the respondents.

Ratio Decidendi

The Supreme Court affirmed the lower court's findings, emphasizing that it is hesitant to overturn concurrent findings of fact by lower courts unless they are shown to be perverse or unjust. The court held that the May 24 primary election was valid and resulted in a legitimate candidate.

Court Findings

The Supreme Court observed that:

1. The first response adhered to the electoral laws governing indirect primaries where the candidate with the highest votes is declared winner.
2. The actions taken on June 6, 2022, were unnecessary and did not invalidate the result from the first primary.
3. The evidence presented by the first respondent in support of their claim was credible and sufficient to validate their election outcome.

Conclusion

Ultimately, the Supreme Court dismissed the appeal, endorsing the decisions of the lower courts, and maintained that the first respondent was the rightful candidate of the PDP for the Ikorodu Federal Constituency.

Significance

This ruling underscores the importance of adhering to electoral procedures as stipulated in the Electoral Act, 2022. It highlights the principle that validly conducted primaries must be respected and reflects the judicial system's effort to uphold democratic processes in party candidate selections.