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ALL PROGRESSIVES CONGRESS V. PETER AYODELE FAYOSE & ORS. (P. (2015)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • John Afolabi Fabiyi JSC (Presided)
  • Suleiman Galadima JSC
  • Olabode Rhodes-Vivour JSC
  • Nwali Sylvester Ngwuta JSC (Read the Lead Judgment)
  • Clara Bata Ogunbiy JSC
  • Kumai Bayang Aka’Ahs JSC
  • John Inyang Okoro JSC

Parties:

Appellant:

  • All Progressives Congress

Respondents:

  • Peter Ayodele Fayose
  • Peoples’ Democratic Party
  • Independent National Electoral Commission
  • The Chief of Defence Staff
  • Inspector-General of Police
Suit number: SC.113/2015

Background

This case pertains to the Supreme Court's review of the governorship election results in Ekiti State held on June 21, 2014, where Peter Ayodele Fayose of the Peoples’ Democratic Party (PDP) was declared the winner. The All Progressives Congress (APC), represented by John Fayemi, contested the election results, claiming irregularities and disqualifications of the PDP candidate based on allegations of impeachment and certificate forgery.

Issues

The key legal issues under review were as follows:

  1. Whether the impeachment of the 2nd respondent disqualified him from contesting the election.
  2. The applicability of the provisions in section 188(8) of the Constitution on impeachment and disqualification.
  3. The relevance of the precedent case, Alliance for Democracy v. Fayose, in determining the present case.

Ratio Decidendi

The Supreme Court affirmed the decisions made by the lower courts, emphasizing that:

  1. Impeachment findings do not constitute valid grounds for disqualification under the Constitution, specifically section 182(1)(e).
  2. The principle of issue estoppel applies, as the authenticity of Fayose’s certificate had been previously adjudicated.

Court Findings

The court concluded that the appellant, APC, failed to prove the disqualifications alleged against Fayose, either through impeachment or forgery of the HND certificate. The 2nd panel's impeachment findings were declared unconstitutional due to procedural violations.

Conclusion

The appeal was dismissed, affirming the lower courts’ holdings that impeachment does not inherently disqualify a candidate, and no evidence substantiating the forgery claim was presented.

Significance

This ruling underscores critical interpretations of election law, particularly regarding impeachment procedures and qualifications for candidates, thereby influencing future electoral disputes in Nigeria, affirming the importance of judicial integrity and constitutional processes.

Counsel:

  • L. O. Fagbemi, SAN
  • E. R. Emukpoeruo
  • Yusuf Ali, SAN
  • Chief Olusola Oke