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PEOPLES DEMOCRATIC PARTY V. NGBOR (2023)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Chima Centus Nweze JSC (Presided)
  • Amina Adamu Augie JSC
  • Mohammed Lawal Garba JSC
  • Helen M. Ogunwumiju JSC (Read the Lead Judgment)
  • Emmanuel Akomaye Agim JSC

Parties:

Appellant:

  • Peoples Democratic Party

Respondents:

  • Ledum Nelson Ngbor
  • Bright Kelechi Ijeoma
  • Justice Nnamdi
  • Mr. Ejike Brown
  • E. A. Bright
  • Anele Ned Amanukpo Ukwunu
  • Independent National Electoral Commission (INEC)
Suit number: SC/CV/1620/2022

Background

This case involves the Peoples Democratic Party (PDP) appealing against a decision made by the Court of Appeal, which found that the PDP lacked the requisite locus standi to challenge the nominations made by another political party for the Nigerian House of Assembly elections in Rivers State. The core of the appellant's argument was based on claims that the 7th respondent failed to conduct valid primaries as mandated by electoral laws, thus affecting the legitimacy of their nominated candidates.

Issues

The primary issues in this case included:

  1. Whether the Court of Appeal was correct in sua sponte (on its own) raising the issue of jurisdiction regarding the PDP’s standing to challenge the respondent’s nominations.
  2. The implications of sections 84(14)(a) and (b) of the Electoral Act of 2022 and section 285(14)(a)-(c) of the 1999 Constitution regarding locus standi of political parties in challenging primary elections.

Ratio Decidendi

The Supreme Court concluded that:

  1. The issue of locus standi had already been raised by the opposing parties in earlier proceedings, thus the claim by the appellant that the court raised it suo motu was factually incorrect.
  2. For a political party to have locus standi to challenge the conduct of another party's primary elections, it must demonstrate its direct involvement or substantial interest in the electoral processes, which the PDP failed to show.

Court Findings

The Supreme Court found that the Court of Appeal correctly identified that:

  1. The locus standi to challenge the validity of a primary election lies strictly with aggrieved aspirants from the political party in question, as delineated in the legislation.
  2. The provisions of section 285(14)(c) of the Constitution were not applicable to permit a separate political party to challenge another's primary election procedures.

Conclusion

The Supreme Court upheld the Court of Appeal’s decision, reinforcing the view that the PDP did not possess the standing necessary to proceed with its lawsuit against the nominations made by the opposing political party. The Court emphasized that maintaining the integrity of electoral processes is crucial, and the laws are structured to ensure that only those directly aggrieved are entitled to challenge such processes.

Significance

This ruling is significant in clarifying the landscape of electoral litigation in Nigeria. It establishes that a political party cannot challenge the primary election process of another party unless there is a clear legal provision allowing such action. The judgment emphasizes the importance of adhering to statutory guidelines for electoral challenges and highlights the need for political parties to operate within the frameworks established by the Electoral Act and the Constitution.

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