Background
This case arises from the elections for the Lagos State House of Assembly held on April 11, 2015. The appellants, Oluwanishola Lateef and the Peoples Democratic Party (PDP), contested the declaration of Giwa Shakirudeen, the candidate of the All Progressive Congress (APC), as the winner of the election. The appellants claimed that the primary elections that produced Shakirudeen as a candidate were conducted without proper notification to the Independent National Electoral Commission (INEC), violating the provisions of the Electoral Act, 2010. They argued that the notice provided was insufficient and sought to nullify Shakirudeen's election based on this premise.
Issues
The case raises several key issues including:
- Whether the trial tribunal rightly concluded that the purpose of the notice required under Section 85(1) of the Electoral Act is to enable INEC to attend and monitor the primaries of political parties.
- Whether the earlier notice given to INEC could be considered valid despite subsequent rescheduling of the primaries.
Ratio Decidendi
The court focused on the interpretation of Section 85(1) of the Electoral Act, which mandates political parties to provide INEC at least 21 days' notice for primary elections. The decision established that while INEC's presence is not mandatory, adequate notice is legally required.
Court Findings
The Court of Appeal upheld the trial tribunal's ruling, determining that the notice given by the APC complied with the Electoral Act. Key findings included:
- The essence of Section 85 is to subject the primaries to monitoring by INEC, ensuring compliance with statutory requirements.
- The tribunal correctly interpreted the communications regarding the election dates, affirming that prior notifications did not cancel subsequent ones appropriately framed within legal parameters.
- The presence of INEC officials at the primaries did not negate or validate any procedural irregularities that may have occurred due to inadequate notice.
Conclusion
The appeal was dismissed, reaffirming the tribunal's decision and confirming the legality of the primary elections which produced the 1st respondent as the candidate for Lagos Island Constituency II.
Significance
This case is significant as it clarifies the obligations of political parties under the Electoral Act concerning the conduct of primaries and the requisite notice to INEC. It underscores the importance of strict compliance with electoral laws, as deviations can lead to the invalidation of candidacies, enhancing the integrity of the electoral process in Nigeria.