ADJOTO V. AKPATASON ET AL (2019)

Background

This case arose from a dispute regarding the primary election held by the All Progressives Congress (APC) for the Akoko-Edo Federal Constituency on 6 October 2018. The appellant, Rt. Hon. Kabiru Adjoto, contended that he won the primary election, which was officially declared by the returning officer as having resulted in his victory. However, when the party submitted its candidate list for the 2019 general elections, his name was notably absent, with Hon. Peter Akpatason being submitted instead. Adjoto filed a suit in the Federal High Court, seeking a declaration that he was the rightful candidate and requesting various orders including injunctions against the recognition of Akpatason as the candidate. The trial court, however, struck out his claims, leading to this appeal.

Issues

The appeal focused on several critical legal questions:

1. Whether the Prof. Osariemen Osunbor-led committee for addressing election disputes was properly constituted.
2. Whether the trial court correctly declined jurisdiction concerning the enforcement of Adjoto's constitutional rights.
3. If the appellant was indeed the winner of the primary election based on evidence presented.

Ratio Decidendi

The Court of Appeal found in favor of the appellant, asserting that:

1. All courts, except the Supreme Court, have a duty to determine all issues before them.
2. Where a committee or tribunal is improperly constituted, its decisions are deemed null and void.
3. The provisions within a political party’s guidelines for internal processes must be adhered to strictly, and failure to do so invalidates the committee's decisions.

Court Findings

The appellate court established that:

1. The committee in question was not properly constituted, as it included members from Edo State, contravening the party's own rules.
2. Since the trial court dismissed the case based on a perceived failure to utilize internal remedies, it essentially denied the appellant his right to judicial redress, given that those remedies were futile.
3. The appellant presented sufficient evidence to establish that he was the winner of the primary election conducted by the APC.

Conclusion

The Court of Appeal concluded by allowing the appeal, setting aside the trial court's dismissal. It ordered the APC and INEC to recognize Adjoto as their candidate for the Akoko-Edo Federal Constituency in the upcoming elections.

Significance

This case underscores the necessity for political parties to adhere to their own electoral guidelines and the strict scrutiny applied by the courts regarding internal committee decisions. It further emphasizes the rights of candidates to seek judicial remedies when internal party processes appear to violate their electoral rights, reinforcing the principles that govern electoral integrity in Nigeria.