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ENGR. BENJAMIN IORLUMUN AKAAKAR JIME V. HON. HERMAN IORWASEH (2023)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Kudirat M. Olatokunbo Kekere-Ekun JSC (Presided)
  • Amina Adamu Augie JSC
  • Helen M. Ogunwumiju JSC (Read the Lead Judgment)
  • Adamu Jauro JSC
  • Emmanuel Akomaye Agim JSC

Parties:

Appellant:

  • Engr. Benjamin Iorlumun Akaakar Jime

Respondents:

  • Hon. Herman Iorwase Hembe
  • Labour Party
  • Independent National Electoral Commission (INEC)
Suit number: SC/CV/344/2023

Background

This case, decided by the Supreme Court of Nigeria, revolves around a contentious electoral issue involving Engr. Benjamin Iorlumun Akaakar Jime, who challenged the nomination of Hon. Herman Iorwase Hembe as the Labour Party's Gubernatorial candidate for the 2023 elections.

The crux of Jime's claim was the assertion that Hembe was simultaneously nominated by both the Labour Party and the All Progressives Congress (APC) for the same election, thereby violating provisions of the Electoral Act, particularly section 35.

Issues

The following main issues emerged during the trial:

  1. Whether the trial court and subsequent courts correctly proved that Hembe participated simultaneously in the primaries of both political parties.
  2. Whether Jime's appeal was correctly dismissed by the lower courts.

Ratio Decidendi

The Supreme Court held that:

  1. A candidate's nomination occurs after a party conducts its primaries and submits the candidate's name to the appropriate electoral body.
  2. Section 35 of the Electoral Act prohibits dual nomination but does allow an aspirant to participate in multiple primaries of one political party.
  3. Concurrent findings of fact by lower courts will not be disturbed unless there is evidence of miscarriage of justice.

Court Findings

The court found that:

  1. Jime failed to conclusively prove that Hembe was nominated by both the Labour Party and APC simultaneously.
  2. Hembe had lawfully resigned from APC prior to the Labour Party's primaries and had not participated in the APC primaries as claimed by Jime.

Conclusion

The appeal was dismissed, affirming the lower courts' findings, which highlighted the importance of the evidential burden placed on the appellant. Jime did not meet this burden to support his claims of double nomination effectively.

Significance

This ruling underscores the intricacies of electoral laws in Nigeria, emphasizing the distinction between participation in primaries and actual nomination. It clarifies that while an aspirant's movement between party primaries raises potential concerns, legal validation requires solid proof of simultaneous nominations.

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