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BABA V. YAHUZA (2024)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • HON. NASIRU AUDU BABA
  • HON. ABUBAKAR MAIDALA-ILU YAHUZA
  • JOHN INYANG OKORO JSC
  • IBRAHIM MOHAMMED MUSA SAULAWA JSC
  • ADAMU JAURO JSC
  • TIJJANI ABUBAKAR JSC
  • EMMANUEL AKOMAYE AGIM JSC

Parties:

Appellant:

  • Baba

Respondents:

  • Yahuza
  • All Progressive Congress (APC)
  • Independent National Electoral Commission (INEC)
Suit number: SC/CV/1524/2022Delivered on: 2024-01-27

Background

The case revolves around the nomination of electoral candidates for election into the Taraba State House of Assembly. The appellant, Baba, claimed that the primaries conducted by the second respondent (APC) were invalid. The primaries were scheduled for May 26, 2022, but the necessary electoral committee failed to conduct them, leading to dissatisfaction from Baba, who then filed suit in the Federal High Court.

Issues

This Supreme Court ruling addresses several key issues:

  1. Whether the Court of Appeal was incorrect in asserting that there was insufficient evidence supporting the appellant's claims regarding the mode of primaries used.
  2. Whether the lower court failed to adequately consider the appellant's arguments about the illegality of the primary election conducted by the APC.
  3. Whether the findings of the trial court on compliance with the Electoral Act were perverse and thus incorrectly set aside by the Court of Appeal.

Ratio Decidendi

The court held that compliance with the statutory provisions outlined in the Electoral Act is mandatory for the validity of primary elections. Specifically, the court emphasized that the APC's purport to have conducted direct primaries without abiding by the necessary processes rendered their actions invalid.

Court Findings

The evidence presented showed that the primary elections were not conducted on the scheduled date and the purported change to direct primaries was not formally communicated to the electoral commission or other relevant parties. The trial court correctly found that the 1st respondent was not validly nominated due to the APC's failure to comply with Section 84 of the Electoral Act.

Conclusion

In conclusion, the Supreme Court found merit in Baba's appeal, restoring the trial court's judgment, which declared the primary election of Yahuza invalid, and confirmed that the APC had no valid candidate for the Jalingo 1 constituency.

Significance

This case underscores the importance of adherence to electoral statutes in Nigeria. It establishes that political parties must follow prescribed procedures in conducting primaries and serves as a caution against arbitrary decisions that do not align with electoral laws.

Counsel:

  • Umaru Yunisa, Esq.
  • F. K. Idepefo, SAN.
  • M. A. Attah, Esq.