site logo

ASHAYI V. ALL PROGRESSIVES CONGRESS (2023)

Case Digest

Supreme Court of Nigeria

Coram

  • KUDIRAT M. OLATOKUNBO KEKERE-EKUN JSC
  • CHIMA CENTUS NWEZE JSC
  • UWANI MUSA ABBA-AJI JSC
  • HELEN MORONKEJI OGUNWUMIJU JSC
  • EMMANUEL AKOMAYE AGIM JSC

Parties:

Appellant:

  • Abraham Stephen Narai

Respondents:

  • All Progressives Congress (APC)
  • Independent National Electoral Commission (INEC)
Suit number: SC/CV/351/2023

Background

This case revolves around the electoral disputes concerning the nomination of a candidate by the All Progressives Congress (APC) for the State House of Assembly elections in Nasarawa State. The appellant, Abraham Stephen Narai, contested the results of the primary election claiming that the delegates who voted were not those democratically elected. This prompted a series of appeals culminating in a Supreme Court decision.

Issues

The key legal issues before the Supreme Court included:

  1. Whether the Court of Appeal correctly determined that the trial court erred in using the originating summons procedure.
  2. Whether the Court of Appeal was correct in declaring the trial court's judgment perverse and against the weight of evidence.
  3. Whether the Court of Appeal adequately re-evaluated and attributed probative value to the evidence presented by both parties.
  4. Whether the appeal by the first respondent was properly adjudicated without an incomplete record.

Ratio Decidendi

The Supreme Court determined that:

  1. The nomination of an electoral candidate not compliant with an Election Appeal Committee's recommendations is invalid. The committee's report indicating replaced delegates was unchallenged.
  2. Where material facts are undisputed or can be resolved via documentary evidence, oral evidence may not be necessary, thus supporting the use of originating summons.
  3. Disputes around allegations of fraud or improper practices require meticulous evaluation, emphasizing the need for thorough evidence beyond mere affidavits.

Court Findings

The Supreme Court ultimately found that the Election Appeal Committee's report demonstrated unlawful substitution of delegates in the primary election. The Court of Appeal had misread the trial court's findings, which were based on substantial evidence indicating that the election process was flawed. The appellant was justified in challenging the nomination process, and the trial court was correct in its original ruling.

Conclusion

The Supreme Court allowed the appeal, restoring the trial court's judgment which had initially invalidated the primary elections held on May 27, 2022. The ruling included ordering a fresh primary election governed by the proper electoral guidelines and an official delegate list that adhered to due process.

Significance

This case is significant as it reinforces the integrity of electoral processes within political parties in Nigeria. It underscores the judicial system's commitment to upholding democratic principles, particularly the importance of following established electoral guidelines and the resolutions of appeal committees. The decision serves as a precedent for future electoral disputes, emphasizing the necessity of compliance with internal party regulations and legal frameworks governing elections.