AJIGA V. OLANREWAJU (2016)

Background

The case of Ajiga v. Olanrewaju arose from the Lagos Mainland Constituency II elections held on April 11, 2015. The appellants challenged the legitimacy of the 1st respondent's candidacy in the election. The main contention was centered on the failure of the 2nd respondent (the All Progressives Congress) to provide the mandated 21 days notice to the Independent National Electoral Commission (INEC) regarding its primary elections, as stipulated by section 85(1) of the Electoral Act 2010 (as amended).

Issues

The court addressed several key issues, primarily:

1. Was the tribunal correct in concluding that the purpose of the notice under section 85(1) is to enable INEC to monitor political party primaries?
2. Did the 2nd respondent provide sufficient notice to comply with electoral requirements and validate the emergence of the 1st respondent?

Ratio Decidendi

The Court of Appeal upheld the tribunal’s ruling, affirming the interpretation of section 85(1) and its implications for INEC's role in monitoring primaries. The court emphasized that while the provision requiring a notice is mandatory, the presence of INEC at the primaries isn't a condition for validity. Hence, the timing and manner of the notice are crucial to determining compliance.

Court Findings

The court determined that:

• The initial notice provided by the 2nd respondent was adequate in terms of timing—as it was over 21 days.
• The follow-up communications did not nullify the initial notice but served to clarify and adjust the schedule.
• The tribunal’s findings were consistent with the intent of the Electoral Act, which aims to facilitate the oversight of intra-party democracy.

Conclusion

The appeal was dismissed, affirming the tribunal's decision validating the primaries that resulted in the 1st respondent's candidacy. The ruling underscored the necessity of compliance with statutory provisions, while also recognizing the discretionary powers of INEC in observing party processes.

Significance

This case is pivotal in clarifying the interpretation of electoral provisions regarding notice requirements and the role of INEC in overseeing political party primaries. It highlights the balance between mandatory legislative requirements and the functioning of political parties, ensuring that procedural compliance does not become an undue barrier to democratic participation.