ODEY V. A.P.C. (2024)

Background

This case concerns an election petition arising from a primary election conducted by the All Progressives Congress (APC) to nominate a candidate for the Cross River State House of Assembly in the Yala 1 Constituency. Victoria Otanya Odey, the appellant, contested that she expressed interest in the primary election but was excluded from the process. She alleged that the election was not conducted in accordance with the law, specifically citing that it took place outside the designated constituency, in the Ogoja Local Government area.

Issues

The primary legal issues in this case are:

1. Whether the APC conducted a valid primary election for the Yala 1 Constituency.
2. The implications of the failure to comply with sections of the Electoral Act, particularly regarding the venue and notice to the Independent National Electoral Commission (INEC).
3. The standing of the appellant to challenge the outcome of the primary election considering she did not participate in the said election.

Ratio Decidendi

The Supreme Court, led by Amina Adamu Augie JSC, ruled primarily on two significant points:

1. The primary election conducted by the APC was invalid because it failed to comply with statutory requirements as it took place outside the appropriate constituency and was not monitored by INEC as mandated by the Electoral Act.
2. The appellant lacked the locus standi to challenge the primary election outcome as she did not participate in the election herself.

Court Findings

The court found that:

1. The primary election did not adhere to the requisite procedural rules set out in the Electoral Act of 2022, specifically the requirement that elections must be held within designated constituencies.
2. That while there was substantial evidence noting that a primary election was held, the absence of monitoring by INEC voided its legitimacy.
3. The appellant's claim to challenge the election was dismissed since she did not run in the election and, hence, could not claim the right to any irregularities therein.

Conclusion

As a result of the findings, the court ordered that the conducted primary election was null and void, concluding that the APC did not have a legitimate candidate for the upcoming elections in the Yala 1 Constituency. The court struck down the cross-appeal raised by the respondents regarding the appellant's standing to challenge the election.

Significance

This case is particularly significant as it clarifies the strict adherence required to electoral laws regarding primary elections in Nigeria. It underscores the necessity for political parties to ensure compliance with the established legal framework when conducting elections to avoid disenfranchising eligible candidates and, ultimately, voters. The ruling further cements the need for INEC's oversight in electoral processes, emphasizing its critical role in upholding democratic principles.