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LADO V. CONGRESS FOR PROGRESSIVE CHANGE (2012)

Case Digest

Supreme Court of Nigeria

Coram

  • WALTER S. NKANU ONNOGHEN JSC
  • MUSDAPHER JSC
  • JOHN AFOLABI FABIYI JSC
  • OLUFUNLOLA OYELOLA ADEKEYE JSC
  • MARY UKAEGO PETER-ODILI JSC

Parties:

Appellants:

  • Musa Salisu
  • Aminu Ashiru
  • Murtala Isah
  • Muntari Dandutse
  • Gambo Musa
  • Umar K
  • Aminu Tukur
  • Alh. Hamza
  • Tijani Awalu
  • Umar Abdu Dankama
  • Tasiu Doguru
  • Hadiza Bala Usman
  • Moh. Tukur
  • Kabir Umar Ajiynau
  • Basiru Musa
  • Hamza Musa Yandoma
  • Hussaini Buhari
  • Moh. Yusuf Gwamna
  • Umar Yahaya Girbobo
  • Abubakar S. Umar
  • Bishir Illya
  • Murtala Bello
  • Sani Alhassan Ibrahim Lawal
  • Hussaini Adamu Karadua
  • Musa Lawal
  • Mustapha Abdullahi
  • Murtala Yakubu
  • Sirajo Lawal
  • Ahmed Babangida
  • Samaila Bawa

Respondents:

  • Congress for Progressive Change (CPC)
  • Prince Tony Momoh
  • Alhaji Aminu Bello Masari
  • Dr. Yusha’u Arma Yau
  • Independent National Electoral Commission (INEC)
  • Resident Electoral Commissioner, Katsina State
Suit number: SC/157/2011; SC/334/2011

Background

This pivotal case centered around the nomination disputes within the Congress for Progressive Change (CPC) political party for the 2011 Nigerian general elections. The appellants, a group of CPC members, claimed that they were validly nominated delegates for various elective positions, following a primary election held on 15 January 2011. They alleged that the party's executives failed to forward their names to the Independent National Electoral Commission (INEC) in favor of candidates from an earlier primary purportedly conducted on 13 January 2011.

Issues

The principal issues in this case were:

  1. Whether the Supreme Court had jurisdiction to determine the appeal regarding the political party's internal nomination processes.
  2. Whether the appellants were valid candidates based on the results of the primaries conducted on 15 January 2011.
  3. The legality of recognizing candidates from the earlier primary held on 13 January 2011.

Ratio Decidendi

The Supreme Court held that it lacked jurisdiction in this matter, which revolved around the internal regulations of a political party concerning candidate nominations. The court ruled that matters of political party nominations are within the exclusive domestic jurisdiction of the parties themselves.

Court Findings

The court found as follows:

  1. Jurisdiction is the lifeblood of adjudication and can be raised at any stage, including by the court itself.
  2. The disputes regarding primaries conducted by political parties, especially where conflicting primary elections are alleged, fall outside the jurisdiction of the courts.
  3. Section 87 of the Electoral Act, 2010, which outlines nomination procedures, does not extend comprehensive judicial power over party primaries, but affords limited redress in specific circumstances.

Conclusion

The Supreme Court concluded that the original case lacked jurisdiction and thus struck out the appeal, providing a clear precedent on the limits of judicial oversight in political party internal matters.

Significance

This case is significant as it underscores the principle that courts cannot intervene in the internal affairs of political parties regarding candidate nominations unless there is clear legislative framework allowing it. It sets a precedent for future cases dealing with internal party disputes and the jurisdiction of electoral bodies.