Background
Senator Nicholas Tofowomo and Hon. Alfred Agboola Ajayi, both members of the Peoples Democratic Party (PDP), contested the PDP primary for the Ondo South Senatorial District on 23 May 2022. Ajayi was declared winner with 78 votes to Tofowomo's 74. On 13 June 2022, Tofowomo wrote (Exhibit AA4) to the PDP National Chairman, alleging that Ajayi had given false information and forged certificates when he declared his date of birth and educational qualifications.
Ajayi submitted his Form EC9 and supporting documents to the Independent National Electoral Commission (INEC) on 17 June 2022, which it published on 24 June 2022. Tofowomo then obtained certified true copies of those documents from INEC on 28 June 2022. On 5 July 2022, he filed a pre-election suit at the Federal High Court (Suit No. FHC/AK/CS/83/2022) under sections 29(5) and (6) of the Electoral Act 2022, seeking Ajayi’s disqualification for allegedly giving false information.
Issues
- Whether recent Supreme Court decisions in Karshi v. Gwagwa (2023) 33 WRN 146 and Abdullahi v. Loko (2023) 28 WRN 23 overruled earlier authority on accrual of cause of action in pre-election matters.
- When did Tofowomo’s cause of action accrue for limitation under section 285(9) of the 1999 Constitution—as of 9 June 2022 (EC9 sworn), 13 June 2022 (letter to PDP), or 24 June 2022 (INEC publication)?
- Whether the concurrent decisions of the trial court and Court of Appeal dismissing Tofowomo’s suit as statute-barred were correct.
Ratio Decidendi
- Section 285(9) of the Constitution requires that every pre-election matter be filed within 14 days from the date of the occurrence of the event, decision or action complained of in the suit.
- Supreme Court precedent (Karshi; Abdullahi) holds that time runs from the date of occurrence, not from the date of knowledge.
- In cases of alleged false information to INEC, the event occurs on the date Form EC9 is submitted to INEC.
- If a suit is filed beyond 14 days of that event, it is statute-barred and the court lacks jurisdiction.
Court Findings
The Supreme Court found that:
- Ajayi’s EC9 was received by INEC on 17 June 2022 (receipt stamp on Exhibit FEE2). This was the event complained of—submission of allegedly false information.
- Tofowomo obtained certified true copies on 28 June 2022, well within 14 days of 17 June.
- Despite this, he filed suit on 5 July 2022—20 days after 17 June—beyond the 14-day constitutional limit.
- Tofowomo’s letter of 13 June 2022 (Exhibit AA4) evidencing his awareness of false information did not alter the date of accrual, which is fixed by the occurrence of the event complained of, not by knowledge of it.
- Lower courts correctly applied Karshi and Abdullahi, binding under stare decisis, and dismissed Tofowomo’s suit as statute-barred.
Conclusion
The Supreme Court unanimously dismissed Tofowomo’s appeal. It held that his cause of action accrued on 17 June 2022, when Ajayi’s Form EC9 was submitted to INEC, and that filing on 5 July 2022 was beyond the 14-day period prescribed by section 285(9) of the Constitution. The suit was therefore out of time and the courts rightly refused jurisdiction. Tofowomo was ordered to pay Ajayi N500,000 costs.
Significance
This decision confirms that:
- In pre-election challenges alleging false information or forged documents, the limitation period runs from the date of submission to INEC, not from knowledge or publication.
- Supreme Court precedent under Karshi and Abdullahi governs all pre-election suits on accrual and limitation.
- Electoral Act timeframes and constitutional limits must be strictly observed, or courts will be deprived of jurisdiction.