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KAKIH V. PEOPLES DEMOCRATIC PARTY (PDP) (2015)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Walter Samuel Nkanu Onnoghen JSC
  • Muhammad Saifullah Muntaka-Coomassie JSC
  • Suleiman Galadima JSC
  • Bode Rhodes-Vivour JSC
  • Kumai Bayang Aka’ahs JSC

Parties:

Appellant:

  • Terver Kakih

Respondents:

  • Peoples' Democratic Party (PDP)
  • Independent National Electoral Commission (INEC)
  • West African Examination Council (WAEC)
  • Gabriel Torwua Suswan
Suit number: SC. 236/2013

Background

This case arises from the appeal of Terver Kakih against the decision of the Court of Appeal, which upheld the dismissal of his claims in the Federal High Court regarding the conduct of the Peoples’ Democratic Party (PDP) primaries on January 9, 2011. The appellant alleged that the primaries violated electoral guidelines and that the candidate nominated by PDP, Gabriel Torwua Suswan, presented a forged certificate.

Issues

The issues for determination included:

  1. Whether the misstatement of the judgment year in the notice of appeal was fundamental.
  2. Whether the appellant was denied a fair hearing.
  3. Whether the trial court had jurisdiction, citing the Supreme Court's ruling in PDP v. Sylva.
  4. If findings of frivolity and unmeritorious claims by the lower court were proper.

Ratio Decidendi

The Supreme Court held that:

  1. Misstatements in the notice of appeal do not automatically invalidate the appeal unless they substantially affect the merits of the case.
  2. The denial of fair hearing must show a miscarriage of justice, which was not established in this case.
  3. As the principal reliefs were directed against non-agents of the Federal Government, the Federal High Court lacked jurisdiction to entertain the case.

Court Findings

The court found that:

  1. The assessment of evidence was marred by hearsay, with sufficient proof lacking regarding the alleged forgery of the SSCE certificate presented by the 4th respondent.
  2. The conduct of the primaries had not legally disqualified Suswan, as the appellant failed to provide credible evidence supporting his claims.
  3. The trial court did not err in dismissing the claims as frivolous and without merit.

Conclusion

The court ultimately dismissed Kakih's appeal, affirming the need for substantial evidence in allegations of misconduct during primaries or qualification disputes. The findings of both the trial court and the Court of Appeal were upheld.

Significance

This case underscores the critical importance of jurisdiction in electoral matters, the standards of proof required for allegations of misconduct, and the importance of factual accuracy in legal documentation. It reinforces the principle that preliminary objections concerning jurisdiction must be duly addressed before the substantive issues can be heard.