Chief Okechukwu Ambrose Ahiwe & 1ORS Vs. Independent National Electoral Commission.  Respondent & 2ors, Judgment Delivered by JOHN INYANG OKORO JSC, IN SC/CV/1250 / 2023

SC/CV/1250 / 2023

JUDGMENT
(DELIVERED BY  JOHN INYANG OKORO, JSC)

I had the advantage of reading the leading judgment of my learned brother, Uwani Musa Abba Aji, JSC, before now. I wholly agree with his lordship’s reasoning and conclusion.

The ratio of Oni v Oyebanji (2023) 13 NWLR (Pt 1902) 544, referred to by the Respondents, if applied to Issues Nos.1 and 2 of the Instant Appeal, as it should be, leads to the conclusion that once a person satisfies the criteria prescribed in Section 177 of the Constitution of the Federal Republic of Nigeria 1999, (as altered), such person becomes automatically qualified for election to the office of Governor. See also the cases of: Shinkafi v Yari (2016) 7 NWLR (PT 1511) 340; Jegede v. INEC (2021) 14 NWLR (PT 1797) 409.

Section 177 (c), which provides that a person shall be qualified for election to the office of Governor of a State, if he is a member of a political party, and is sponsored by that political party, does not provide for consideration of how a political party arrives at the decision to sponsor a person as its candidate, or the validity of the decision to sponsor, or the validity of the sponsorship itself. The fact that a political party sponsored its member as its governorship candidate for the general election makes such a person automatically qualified for election to the office of Governor of the State. Any criterion not provided for in Section 177, or any factor not listed under Section 182, is not valid as a qualifying criterion under Section 177, or a disqualifying factor under Section 182. See A.P.P. v. Obaseki (2022) 13 NWLR (pt 1846) 1; Jegede v. INEC (2021) 14 NWLR (pt 1797) 409; Faleke v. INEC (2016) 18 NWLR (pt 1543) 61. I will leave it just at that.

I concur with my learned brother and direct that the appeal, being devoid of merit be dismissed. The judgment of the lower court delivered on December 2, 2023, is hereby affirmed. I also abide by the order as to costs in the leading judgment.

 Appeal dismissed.

JOHN INYANG OKORO

JUSTICE, SUPREME COURT

COUNSEL:

Alade Agbabiaka, SAN with Dr. Joseph Nwobike, SAN, Prof. Paul Ananaba, SAN Uche Iheduwa, SAN and Chief Theo Nkure, Esq. for the Appellants.

J.T.U Nnodum, SAN, with him, K.C Nwufo, SAN and E.A. John Nwosu, Esq. for the 1st Respondent.

A.J Owonikoko, SAN appears with Prof J.O Olatake, SAN, Chief Hakeem Afolabi, SAN, Ken Ahia, SAN and Olusola A. Dare, Esq for the 2nd Respondent.

Dr. Onyechi Ikpeazu, SAN with Chief Umeh Kalu, SAN, Dr. Sunny Ajala, SAN, Echezona Etiaba, SAN and Valentine Offia, Esq for the 3rd Respondent