OBIEKWE V. PEOPLES DEMOCRATIC PARTY (2023)

Background

This case revolves around the primary election of the Peoples Democratic Party (PDP) for the Mushin Federal Constituency II in Lagos State. The appellant, Hon. Jude Uchenna Obiekwe, alleged he won the initial primary election held on 22 May 2022, which was subsequently canceled by the party, leading to a new election set for 6 June 2022. However, he was excluded from this re-scheduled election, which resulted in Hon. Adeyemi Michael being declared the winner.

The appellant challenged this outcome, seeking court intervention on grounds of illegitimacy and the party's failure to adhere to electoral laws. The trial court's dismissal of his suit, and the affirmation of this ruling by the Court of Appeal, led to his Supreme Court appeal.

Issues

The primary issues at stake were:

1. Locus Standi: Whether the appellant had the legal standing to challenge a primary election in which he did not participate.
2. Validity of Elections: Whether the court had jurisdiction to rule on the validity of the elections given the circumstances surrounding their conduct.

Ratio Decidendi

The Supreme Court established that only aspirants who participated in a primary election have the entitlement to challenge the election process as per Section 84(14) of the Electoral Act, 2022, and Section 285(14) of the 1999 Constitution. Since Obiekwe did not contest the re-scheduled election, he lacked the necessary locus standi.

Court Findings

The court highlighted that:

1. The initial primary election was canceled, which was accepted by all parties.
2. The subsequent election did not legally hold, as affirmed by both the Independent National Electoral Commission (INEC) and the party's internal review mechanisms.
3. Therefore, the appellant's claims could not be substantiated as he failed to partake in the primary for which he sought the court’s validation.

Conclusion

The Supreme Court ultimately dismissed Obiekwe's appeal, reiterating the validity of the lower courts' rulings and emphasizing the importance of participation for locus standi in electoral contests.

Significance

This ruling underscores a critical interpretation of electoral standing in Nigeria, reiterating that only participants in a contested primary can raise disputes concerning its validity. The judgment reinforces adherence to legislative requirements concerning political processes and sets a precedent for future electoral disputes within the framework of Nigerian law.