Background
This case emanated from an appeal against a ruling by the Federal High Court, Benin Division, delivered on June 8, 2020. The appellant, the All Progressives Congress (APC), was challenging the mode of selecting its gubernatorial candidate for the Edo State elections slated for September 19, 2020. The 1st and 2nd respondents initiated the action, asserting that a directive to adopt direct primaries issued by the National Working Committee was unconstitutional as it had not been approved by the National Executive Committee.
Issues
The case revolved around several key issues:
- Whether the court’s order was made without the requisite hearing of motions related to its jurisdiction.
- The competency of the appellant's appeal as it was filed without the necessary leave.
Ratio Decidendi
The Court of Appeal held that:
- An issue for determination in an appeal must derive from the grounds of appeal presented. In this case, the appeal was competent as it related to the trial court’s handling of jurisdiction.
- The trial court erred in making a restraining order regarding the party's primaries, particularly without a proper hearing on the jurisdiction question.
Court Findings
The court’s findings demonstrated several important points:
- It found that the trial court’s order effectively determined key aspects of the case without resolving preliminary objections regarding its jurisdiction.
- The preservation order issued by the trial court limiting the APC’s ability to proceed with its primaries was deemed improper as the court had not sufficiently established a basis for that decision.
Conclusion
The appeal was allowed, reversing the previous orders from the trial court, which had effectively unduly restricted the APC's electoral process without a thorough examination of the jurisdictional issues at hand.
Significance
This case highlights the critical balancing act between the judiciary's role in electoral matters and the need to preserve political processes. It underscores the courts' obligation to ensure fair hearing and uphold democratic principles while also navigating statutory frameworks governing primary elections.