Background
This case arises from the appeal filed by Hon. Dorathy Mato against Hon. Iorwase Herman Hember and others regarding the nomination process for the Vandeikya/Konshisha Federal Constituency elections. The legal dispute stemmed from the alleged irregularities during the primary elections conducted by the All Progressives Congress (APC) prior to the general election held on March 28, 2015. The crux of the matter revolved around whether the primary elections were conducted in accordance with the provisions of the Electoral Act and the constitution of the APC.
Issues
The central issues addressed by the Supreme Court include:
- The competency of the originating summons filed by the appellant, particularly concerning the requirement of obtaining leave to serve the summons outside jurisdiction.
- Whether the Federal High Court had jurisdiction to hear the case considering it involved pre-election matters.
- The adherence of the APC to its own constitutional guidelines and the Electoral Act during the primary elections.
Ratio Decidendi
The Supreme Court held that:
- The originating summons filed on March 26, 2015, was valid as it was filed before the general elections, thus qualifying as a pre-election matter.
- The trial court erred in striking out the suit on jurisdictional grounds, as the appellant had complied with the procedural mandates for initiating the suit.
- Political parties are required to follow their constitutional guidelines, and any deviation from these mandates can invoke judicial intervention.
Court Findings
The Supreme Court found that:
- The originating summons was indeed filed before the election, making the Federal High Court the proper venue for hearing the matter.
- No counter-affidavits were submitted by the respondents to dispute the allegations of irregularities during the primary election.
- The primary conducted did not adhere to mandatory provisions of the Electoral Act and the APC’s guidelines, rendering the process invalid.
Conclusion
As a result of the findings, the Court concluded that Hon. Dorathy Mato was the rightful candidate for the All Progressives Congress (APC) for the Vandeikya/Konshisha Federal Constituency. The Court declared her the winner of the primary election and directed the Independent National Electoral Commission (INEC) to issue her the certificate of return.
Significance
This case is significant because it underscores the importance of adherence to electoral guidelines and the rule of law in the political nomination process within Nigeria. It reinforces the judiciary's role in upholding electoral integrity and the democratic process, ensuring that political parties are held accountable for their internal procedures.