MAGAJI V. LADO (2024)

CASE SUMMARY

Supreme Court of Nigeria

Before Their Lordships:

  • KUDIRAT MOTONMORI O. KEKERE-EKUN JSC (Presided)
  • AMINA ADAMU AUGIE JSC
  • UWANI MUSA ABBA-AJI JSC
  • HELEN MORONKEJI OGUNWUMIJU JSC
  • ADAMU JAURO JSC (Read the Lead Judgment)

Suit number: SC/CV/352/2023

Delivered on: 2024-01-22

Parties:

Appellant:

  • Haruna Abubakar Magaji

Respondents:

  • Abubakar Lado
  • All Progressives Congress (APC)
  • Independent National Electoral Commission

Background

This case stems from a dispute regarding the nomination of a candidate for the Gurara/Tarfa/Suleja Federal Constituency by the All Progressives Congress (APC) during the 2023 general elections. Haruna Abubakar Magaji (hereinafter referred to as the Appellant) contested alongside Abubakar Lado (the 1st Respondent). The primary election slated for 27 May 2022 was allegedly disrupted by violence, leading to a recommendation by the APC's Electoral Appeal Committee for a rerun on 31 May 2022.

Issues

The primary issues for determination included:

  1. Whether the Appellant was entitled to the reliefs sought considering the validity of the primary election results.
  2. The implications of holding a primary election outside the designated constituency.

Ratio Decidendi

The Supreme Court held that electoral processes are strictly regulated and that procedural compliance is fundamental. Notably, in line with Section 84(5)(c)(i) of the Electoral Act, 2022, primary elections must be conducted within the relevant constituencies, with no exceptions for factors like security concerns.

Court Findings

The court found that:

  1. The primary election of 27 May 2022 was validly conducted and resulted in a legitimate winner, the 1st Respondent with 88 votes.
  2. The subsequent election held on 31 May 2022 was deemed invalid as it contravened the provisions of the Electoral Act by being held outside the designated constituency.
  3. The lower courts improperly evaluated evidence and speculated on the cancellation of the initial primary election without substantive proof.

Conclusion

The court concluded that the Appellant's claims were invalid as he did not emerge from a properly conducted primary election, hence, the appeal was dismissed.

Significance

This case is significant as it underscores the strict compliance required by political parties during election processes. It affirms that deviations from electoral regulations can result in disqualification, reinforcing the importance of following statutory guidelines to ensure legitimacy in political nominations.

Counsel:

  • Mr. Mahmud Abubakar Magaji, SAN (for the Appellant)
  • Mr. Eko Ejembi Eko, SAN (for the 2nd Respondent)
  • Bimbo Atilola, Esq. (for the 3rd Respondent)

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