JA’AFARU ILIYASU V. SHEHU SALEH RIJAU & ORS (2020)

Background

This case revolves around the dispute of candidacy within the All Progressives Congress (APC) for the Magama/Rijau Federal Constituency in Niger State for the 2019 general elections. The appellant, Ja’afaru Iliyasu, claimed victory in the APC primaries held on October 3, 2018, but the party instead forwarded the name of the first respondent, Shehu Saleh Rijau, who did not participate in the elections, to the Independent Electoral Commission (INEC).

Issues

Key legal issues determined in this case were:

1. The correctness of the Court of Appeal's ruling that the appellant's suit was statute barred due to it being filed beyond the 14 days set by Section 285(9) of the Nigerian Constitution.
2. Establishing the date when the cause of action arose.

Ratio Decidendi

The Supreme Court found the lower court's decision erroneous, ruling that the cause of action arose on October 18, 2018, when Rijau's name was submitted to INEC. The appellant's originating summons filed on October 26, 2018, was within the statutory period.

Court Findings

The Court highlighted the following findings:

1. A cause of action pertains to the right of an individual to seek judicial relief based on facts establishing their claim.
2. The statutory limitation period defined by Section 285(9) considers the date of the specific act being complained about, which in this instance was the submission to INEC, not the date of the primaries.
3. The trial court properly acknowledged all evidentiary processes, including counter-affidavits, which clarified the timeline of events but the Court of Appeal unjustly dismissed this conclusion.

Conclusion

The Supreme Court allowed Iliyasu's appeal, restoring the trial court's decision that affirmed his candidacy based on having the majority vote validated during the primaries.

Significance

This ruling is significant as it clarifies the interpretation of the timeframe in which pre-election matters should be filed. The Supreme Court emphasized that for causes of action to be statute barred, the crucial date is when the act being complained of occurs, not simply the event date of the primaries. This decision serves as a precedent for future electoral disputes in Nigeria, helping to uphold electoral integrity and internal party democracy.