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ALHASSAN V. ISHAKU (2017)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • SULEIMAN GALADIMA JSC
  • O. RHODES-VIVOUR JSC
  • MARY UKAEGO PETER-ODILI JSC
  • MUSA DATTIJO MUHAMMAD JSC
  • CLARA BATA OGUNBIYI JSC
  • JOHN INYANG OKORO JSC
  • AMIRU SANUSI JSC

Parties:

Appellants:

  • AISHA JUMMAI ALHASSAN
  • ALL PROGRESSIVES CONGRESS (APC)

Respondents:

  • MR. DARIUS DICKSON ISHAKU
  • PEOPLES' DEMOCRATIC PARTY (PDP)
  • INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
Suit number: SC. 46/2016

Background

The case revolves around the 2015 governorship election in Taraba State, Nigeria, where the 1st respondent, Darius Ishaku, was declared the winner, having received 369,318 votes against Aisha Alhassan's 275,984 votes. The appellants contested the result on grounds of alleged non-qualification of the 1st respondent, claiming he was not sponsored by a political party as required by the Constitution.

Issues

The Supreme Court addressed several critical issues, specifically focusing on the following:

  1. The locus standi of the appellants to challenge the respondent's qualification.
  2. The proper interpretation of the provisions of the Constitution regarding candidate sponsorship.
  3. Whether the evidence presented regarding the conduct of primaries was admissible considering the appellants' pleadings.
  4. The implications of sections 177 and 182 of the Constitution in relation to candidate eligibility.

Ratio Decidendi

The Supreme Court held that the appellants, by their own admission in their pleadings, acknowledged that the 1st respondent was indeed sponsored by the Peoples' Democratic Party (PDP), thus satisfying section 177 of the Constitution. This evidence contradicted their claims in the petition, rendering their argument about the lack of sponsorship unpersuasive.

Court Findings

The court emphasized that:

  1. The appellants lacked locus standi as they were not participants in the PDP primaries and thus could not contest the internal party matters.
  2. The admission regarding the sponsorship by the PDP was fatal to the appellants’ case, as parties are bound by their pleadings.
  3. Issues related to party primaries are internal matters that the courts cannot adjudicate upon unless the complainants were aspirants in those primaries.

Conclusion

The appeal was ultimately dismissed on the grounds that the appellants did not have the standing to challenge the election results or the sponsorship of the 1st respondent by the PDP, thereby validating the Court of Appeal's ruling that overturned the trial tribunal's decision.

Significance

This case reinforces the principle within Nigerian electoral law that the internal processes of political parties are secure from external legal challenges unless raised by direct participants. It highlights the necessity for claimants in election disputes to maintain consistency in their pleadings and the critical nature of the locus standi in electoral petitions.

Counsel:

  • SC. 46/2016: A. J. Owonikoko SAN
  • Kanu G. Agabi SAN
  • Chief S. U. Akuma SAN