DR. UMAR ARDO V. ADMIRAL MURTALA NYAKO & OTHERS (2014)

CASE SUMMARY

Supreme Court of Nigeria

Before Their Lordships:

  • Walter Samuel Nkanu Onnoghen JSC (Presided)
  • Suleiman Galadima JSC
  • Bode Rhodes-Vivour JSC
  • Kumai Bayang Aka’ahs JSC (Read the Lead Judgment)
  • John Inyang Okoro JSC

Suit number: SC. 135/2013

Delivered on: 2014-05-09

Parties:

Appellant:

  • Dr. Umar Ardo

Respondents:

  • Admiral Murtala Nyako (Rtd)
  • People's Democratic Party (PDP)
  • Independent National Electoral Commission (INEC)

Background

This case arose from the Peoples Democratic Party (PDP)'s gubernatorial primary election in Adamawa State held on October 24, 2011. The appellant, Dr. Umar Ardo, claimed to be a bona fide member of the PDP and desired to contest in the gubernatorial elections. He filled the required nomination forms but alleged that the nomination process was discriminatory, resulting in his disqualification from participating in the primaries.

Ardo filed a suit in the Federal High Court seeking a declaration that the party's nomination of Admiral Murtala Nyako was void due to unfair practices. The trial court declined jurisdiction, ruling that it could not compel a political party to conduct primaries.

Issues

The Supreme Court was tasked with addressing:

  1. Whether the definition of 'aspirant' under Section 156 of the Electoral Act and previous court decisions allow Dr. Ardo to challenge the party's primary results despite his non-participation.
  2. Whether the lower courts erred in ruling that issues surrounding delegate selection were non-justiciable.

Ratio Decidendi

The Supreme Court's ruling focused on key aspects of electoral law, elucidating the distinctions between 'aspirant' and the eligibility to challenge nominations:

  1. The definition of 'aspirant' encompasses only those individuals who participate in the primary election—merely declaring an intention to contest does not endow the right to sue.
  2. The courts have no jurisdiction over pre-primary disputes regarding party nominations, reinforcing their internal decisions.

Court Findings

The court emphasized that:

  1. Party nominations are political matters to be resolved internally, with minimal judicial intervention unless election complaints arise from the conduct of a primary.
  2. The appellant's claims regarding irregularities before the primaries did not qualify for legal review, as his exclusion from the primaries did not confer him locus standi to sue.

Conclusion

The appeal was ultimately dismissing, with the court affirming that political party nomination processes are primarily the domain of the parties themselves, with limited scope for judicial review.

Significance

This ruling solidifies the legal principle that internal political party processes, such as candidate nominations, remain non-justiciable unless specific legal frameworks invoke jurisdiction. It sets a precedent regarding the interpretation of the terms 'aspirant' and 'jurisdiction' in electoral matters within Nigerian law.

Counsel:

  • Oladipo Okpeseyi, SAN
  • Kanu G. Agabi, SAN
  • J. N. Egwuonwu