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UBA V. OZIGBO (2022)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • John Inyang Okoro, JSC (Presided)
  • Amina Adamu Augie, JSC
  • Helen Moronkeji Ogunwumiju, JSC
  • Abdu Aboki, JSC
  • Tijjani Abubakar, JSC

Parties:

Appellant:

  • Senator Ugochukwu Uba

Respondents:

  • Valentine Ozigbo
  • Independent National Electoral Commission (INEC)
  • Peoples Democratic Party
Suit number: SC/CV/772/2021

Background

This case revolves around the political dispute between Senator Ugochukwu Uba and Valentine Ozigbo regarding the nominations for gubernatorial elections in Anambra State. Uba, the appellant, claimed victory in a factional primary election held by his party, the Peoples Democratic Party (PDP), asserting that it was legally conducted under a court order from the Federal High Court. However, the primaries in which Ozigbo emerged victorious were sanctioned by the PDP’s national committee. Uba challenged the validity of the latter, leading to this case.

Issues

The Supreme Court examined two main legal issues:

  1. Whether Uba had the locus standi to commence the action.
  2. Whether the Court of Appeal was correct in setting aside the judgment of the trial court.

Facts

Uba claimed victory in a primary election held on 26 June 2021 under the auspices of a factional PDP committee, while Ozigbo won the legitimate primary described as aligned with the party's constitutional stipulations. The trial court found in favor of Uba, but upon appeal, the Court of Appeal overturned this decision, subsequently prompting Uba's appeal to the Supreme Court.

Ratio Decidendi

The court held that Uba lacked the requisite locus standi to challenge the primary election conducted by the PDP's national committee. It emphasized that an aspirant must participate in the proper primaries organized by the party's National Executive Committee to have the right to challenge any electoral outcome.

Court Findings

The Supreme Court affirmed that:

  1. The primary conducted by Uba's faction was considered "illegal and unlawful" as it was not sanctioned by the PDP's National Executive Committee.
  2. Claims made by Uba regarding participation in the legitimate primary were inconsistent and emerged only at the appeal stage, which the court found problematic.
  3. The appellant's lack of participation in legitimate primaries negated his right to challenge the outcome in court.

Conclusion

Ultimately, the Supreme Court dismissed Uba’s appeal, confirming that the trial court lacked jurisdiction due to his absence from the valid primary elections.

Significance

This ruling underscores important principles about the lack of judicial authority over political party candidate nominations and the necessity for aspirants to participate legitimately in primaries to establish locus standi under the Electoral Act. It highlights the strict interpretation of party rules and reiterates that intraparty disputes must adhere to established constitutional frameworks.

Counsel:

  • Assam E. Assam, SAN
  • Alex Ejesieme, SAN
  • O. Osaze-Uzzi, Esq.
  • Emmanuel Enoidem, Esq.