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ALL PROGRESSIVES CONGRESS (APC) V. MARAFA (2022)

Case Digest

Supreme Court of Nigeria

Coram

  • Ibrahim Tanko Muhammad JSC
  • Olukayode Ariwoola JSC
  • John Inyang Okoro JSC
  • Paul Adamu Galumje JSC
  • Uwani Musa Abba-Aji JSC

Parties:

Appellant:

  • All Progressives Congress (APC)

Respondent:

  • Senator Kabiru Garba Marafa & 179 Others
Suit number: SC.377/2019 SC.378/2019

Background

This case centers on the All Progressives Congress (APC) and the disputes arising from the party's presidential primaries in Zamfara State ahead of the 2019 general elections. The APC had postponed its primaries due to violence and security issues. Eventually, the primaries were conducted on the last possible day set by the Independent National Electoral Commission (INEC), yet the legitimacy of these primaries was contested. The 1st - 140th respondents, consisting of some party members, questioned the validity of the primaries conducted due to the party's failure to follow its own guidelines and the Electoral Act.

Issues

The Supreme Court addressed several critical legal issues:

  1. Whether the lower court was correct in concluding that the APC did not conduct valid primaries.
  2. Whether the lower court erred in evaluating exhibits presented by the parties.
  3. Whether the appeal should have been dismissed based on procedural grounds.

Ratio Decidendi

The Supreme Court upheld the finding of the lower court and held that:

  1. The APC failed to conduct valid primaries as mandated by the Electoral Act.
  2. The primary elections conducted under duress by the state executive were illegal.
  3. Election petitions are distinct from ordinary civil proceedings, necessitating strict adherence to procedures.

Court Findings

The Supreme Court reaffirmed that political parties are bound by their constitutions and guidelines concerning the nomination of candidates. The Court observed that the attempts to conduct primaries were poorly executed and had failed to align with both party guidelines and legal requirements. The evidence presented through various exhibits including letters to INEC demonstrated that the party could not reasonably claim to have conducted valid primaries.

Conclusion

In conclusion, the Supreme Court determined that the APC could not contest in elections without having conducted proper primaries. The appeal was dismissed, reaffirming the importance of following electoral laws and the party’s own constitution.

Significance

This ruling has substantial implications for the political landscape in Nigeria, emphasizing the necessity for political parties to adhere to established electoral processes to ensure fair elections. Furthermore, it highlights the court's role in safeguarding the electoral process against arbitrary actions by political actors.