ALL PROGRESSIVES CONGRESS V. NELSON (2024)

Background

This appeal arose from a ruling of the Federal High Court in Uyo, Akwa Ibom State, which dismissed preliminary objections by the All Progressives Congress (APC) and Mr. Patrick Umoh concerning the locus standi of Mrs. Inimfon Aniekan Nelson in a pre-election matter. The 1st respondent claimed to have won a primary election but was substituted unlawfully by the APC, which presented the 2nd respondent instead.

Issues

The court was tasked with determining two main issues:

1. Whether the court had jurisdiction to entertain the suit challenging the nomination of the 2nd respondent.
2. Whether the 1st respondent had the necessary locus standi to bring the action.

Ratio Decidendi

The lead judgment emphasized that locus standi in pre-election matters is contingent on actual participation in the relevant primary elections. The court asserted that only a party who participated in the primary election conducted by the National Working Committee (NWC) has the standing to challenge election results, as established in the case of Eze v. Peoples Democratic Party.

Court Findings

The Court of Appeal found that:

1. The 1st respondent did not contest in the APC primary election conducted on May 27, 2022, as she claimed to have won a parallel election held on May 28, 2022.
2. Consequently, since the 1st respondent did not have the locus standi to challenge the NWC’s conduct, the trial court lacked jurisdiction to hear the case.

Conclusion

The Court of Appeal allowed the appeal, set aside the trial court's judgment, and declared that the original suit lacked merit due to the absence of jurisdiction. Hence, it upheld the preliminary objections of the APC and Mr. Umoh.

Significance

This ruling reiterates the critical nature of locus standi in election petitions within Nigeria's legal framework and emphasizes the judiciary's role in interpreting the requirements set out in the Electoral Act. Such judicial clarity is essential for maintaining order in political party affairs and ensuring that only legitimate candidates have recourse to the courts.