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NDUKWE V. AYU (2023)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Amina Adamu Augie JSC (Presided)
  • Mohammed Lawal Garba JSC
  • Adamu Jauro JSC (Lead Judgment)
  • Tijjani Abubakar JSC
  • Emmanuel Akomaye Agim JSC

Parties:

Appellant:

  • Rt. Hon. Cosmos Chukwudi Ndukwe

Respondents:

  • Dr. Iyorchia Ayu
  • Peoples Democratic Party
  • Senator Samuel Nnaemeka Anyanwu
  • Independent National Electoral Commission (INEC)
  • Hayatu-Deen Mohammed
Suit number: SC/CV/1033/2022

Background

This case revolves around a dispute concerning the nomination process for the presidential candidate of the Peoples Democratic Party (PDP) in Nigeria for the upcoming elections. The appellant, Rt. Hon. Cosmos Chukwudi Ndukwe, a registered member of the PDP, filed a suit challenging the party's decision not to zone its presidential candidacy and to consider a consensus candidate. The appellant argued that the party's actions breached its constitutional provision for zoning and rotation of candidacies.

Issues

The key issues addressed by the court included:

  1. Whether the trial court had jurisdiction to hear the matter.
  2. Whether the appellate court could exercise jurisdiction over an appeal arising from a trial court that lacked requisite jurisdiction.

Ratio Decidendi

The Supreme Court highlighted that:

  1. The question of jurisdiction is fundamental, and if a trial court lacks jurisdiction, any proceedings and rulings from it are nullities, regardless of how well-conducted.
  2. A court can only adjudicate on matters clearly defined within the law; internal matters of political parties, such as the selection of candidates, are generally non-justiciable.

Court Findings

The court found the following:

  1. The appellant had no locus standi as he had not participated in the necessary primary elections; therefore, he lacked the right to challenge the decisions made regarding candidacy.
  2. The issues presented were primarily internal decisions of the political party, which are not subject to judicial review under existing legal principles.
  3. As there was no substantive right to the claim due to non-participation in the primaries, the trial court lacked jurisdiction, and consequently, the appellate court did as well.

Conclusion

Ultimately, the Supreme Court dismissed the appeal, affirming the lower court's decision to strike out the suit for lack of jurisdiction. This reinforces the view that matters concerning party internal governance and candidate selection are essentially political questions not for judicial intervention.

Significance

This case underscores the limitations of judicial authority over the internal matters of political parties in Nigeria and clarifies the necessity of actual participation in party primaries to establish standing in contests related to nominations and elections. The judgment serves as a critical reference point for future cases regarding political party operations and electoral processes.

Counsel:

  • Chief K. C. O. Njemanze, SAN
  • Mr. A. M. Aliyu, SAN
  • Mr. Mahmud Abubakar Magaji, SAN
  • U. O. Ukairo, Esq.
  • Zaidu Abdul, Esq.