Background
This case centers around an election dispute concerning the gubernatorial election in Kaduna State held on March 18, 2023. Mohammed Ashiru Isa and his party, the Peoples Democratic Party, contested the election results which declared the All Progressives Congress candidate as the winner. Following the election, the appellants filed a petition at the Kaduna Governorship Election Tribunal seeking declaratory reliefs against the declaration of the 2nd respondent. However, the Tribunal ultimately dismissed the petition, stating it had been abandoned due to non-compliance with procedural requirements, particularly regarding the application for pre-hearing notice.
Issues
The main issues presented in the appeal were:
- Validity of Pre-Hearing Notices: Whether the lower court correctly upheld the Tribunal's dismissal of the appellants' application for the issuance of pre-hearing notice served prematurely.
- Compliance with Electoral Procedures: The extent to which the appellants complied with the statutory requirements as prescribed by the Electoral Act, 2022.
Ratio Decidendi
The Supreme Court affirmed the lower court's decision and the Tribunal's evaluation, establishing that:
- Your application for pre-hearing notice must be filed within seven days of the closure of pleadings as detailed in paragraph 18 of the Electoral Act, 2022.
- Filing any application before the closure of pleadings renders it incompetent and thus nullifies the petition.
Court Findings
The Supreme Court highlighted several critical points:
- The appellants failed to adhere to the mandatory provisions of the Electoral Act regarding the application for pre-hearing notice.
- Both applications filed by the appellants (on May 16 and May 26, 2023) were deemed premature given that pleadings had not yet closed.
- It was established that once a party fails to appeal a finding by a lower court, that finding remains absolute and cannot be revisited.
Conclusion
As a result of these findings, the Supreme Court classified the appeal as frivolous and ruled that it lacked merit. Consequently, the earlier rulings by the Tribunal and the Court of Appeal were upheld, leading to the dismissal of the appellants' petition.
Significance
This case underscores the importance of strict adherence to procedural timelines and requirements in electoral petitions. It also reinforces the principle that failure to comply with statutory provisions can result in dismissal of an appeal, thus emphasizing the necessity for all parties involved to understand and follow the electoral laws accurately.