Background
This case arose from a contested primary election held by the People's Democratic Party (PDP) in Kano State on October 1-2, 2018, to select a gubernatorial candidate. The appellant, Jafar Sani Bello, challenged the participation of Abba K. Yusuf, the 1st respondent, on the ground that Yusuf had not complied with stipulated membership requirements. The appellant filed an originating summons on October 16, 2018, after learning about Yusuf's participation from a party secretary, claiming he should be recognized as the party's candidate as he came in second in the primaries.
Issues
The Supreme Court addressed several critical issues in this case:
- Whether the Court of Appeal was correct in determining that the cause of action arose on October 2, 2018.
- Whether the lower courts erred by disregarding its previous rulings on the computation of time in election-related matters.
Ratio Decidendi
The court ruled that the cause of action indeed arose on the date of the primary elections, which were held on October 2, 2018. Consequently, the appellant was bound by the statutory timeframe for filing such an action, which is 14 days under section 285(9) of the 1999 Constitution. Since the originating summons was filed 15 days later, the suit was deemed statute-barred.
Court Findings
Key findings included:
- The court established that a cause of action arises at the moment a violation occurs.
- Time for filing pre-election matters must include the day of the event, as specified by electoral laws.
- The appellant's claim that he only became aware of the 1st respondent's alleged non-compliance on October 4, 2018, did not excuse the failure to file within the statutory period.
Conclusion
The Supreme Court dismissed the appeal, affirming the decision of the lower court, which found the case statute-barred due to late filing.
Significance
This ruling underscores the importance of adhering to statutory time limits in electoral disputes, emphasizing that the cause of action arises at the time of the contested event rather than the date of awareness of potential wrongdoing. This case serves as a critical precedent concerning the rights of party members within electoral frameworks in Nigeria.