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ALL PROGRESSIVES CONGRESS (APC) V. INDEPENDENT NATIONALELECT (2023)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Chima Centus Nweze JSC
  • Amina Adamu Augie JSC
  • Mohammed Lawal Garba JSC
  • Helen M. Ogunwumiju JSC
  • Emmanuel Akomaye Agim JSC

Parties:

Appellants:

  • All Progressives Congress (APC)
  • Hon. Nnanna Raphael Igbokwe

Respondents:

  • Independent National Electoral Commission (INEC)
  • Mr. Chinedu Emeka Martins
  • Peoples Democratic Party
Suit number: SC/CV/1628/2022

Background

This case concerns an appeal brought before the Supreme Court of Nigeria by the All Progressives Congress and Hon. Nnanna Raphael Igbokwe against the Independent National Electoral Commission (INEC) and the Peoples Democratic Party. The appellants questioned the conduct of the primaries held by the PDP, asserting that the election was not compliant with the provisions of the Electoral Act, 2022.

Issues

The case raised significant legal issues regarding:

  1. The locus standi of the appellants to dispute the actions of INEC concerning the primaries conducted by the PDP.
  2. Whether the provisions of section 285(14) of the Constitution and sections 84(9) and (14) of the Electoral Act were correctly interpreted by the lower courts.

Ratio Decidendi

The Supreme Court, in a unanimous decision, held that:

  1. The appellants lacked locus standi as they did not participate in the PDP primaries and thus did not possess the requisite legal standing to challenge INEC's actions regarding another political party.
  2. Only aspirants who have participated in their party's primaries have the right to seek legal redress concerning those internal affairs.

Court Findings

The Supreme Court reaffirmed previous rulings, pointing out that the Electoral Act grants rights of action strictly to parties directly involved in electoral processes. The Court emphasized that the legislative drafting limits standing to an aspirant within their party, indicating that the appellants were merely interlopers without a legitimate claim against the PDP's electoral processes.

Conclusion

The appeal was dismissed as the Court found no merit in the apprehensions raised by the appellants. The ruling underscored the necessity for political party aspirants to utilize prescribed legal avenues to dispute internal electoral matters.

Significance

This judgment is pivotal for electoral law in Nigeria, clarifying the legal framework concerning locus standi in electoral disputes. It reflects the Court's adherence to the principle that only those who are directly affected by a political party's internal decisions can challenge those decisions, thus reinforcing the sanctity of party primaries and electoral processes.

Counsel:

  • I. F. Akponye, Esq. - for the Appellants
  • D. O. Uruakpa - for the 1st Respondent
  • L. A. Njemanze, Esq. (with him, U. C. Njemanze Aku, Esq., and M. L. Young-Arneu, Esq.) - for the 1st Respondent
  • I. K. Ujah, Esq. - for the 2nd Respondent
  • C. A. Nnawuchi, Esq. - for the 3rd Respondent