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

SC/CV/1250 / 2023

JUDGMENT
(DELIVERED BY ADAMU JAURO, JSC)

I had the opportunity of reading in advance the lead judgment of my learned brother, Uwani Musa Abba Aji, JSC. I am in agreement with the reasoning and the conclusion contained therein, to the effect that the appeal is lacking in merit and ought to be dismissed. The nature of the contention of the Appellants that the second Respondent was not qualified to contest the election under challenge was outside the adjudicatory jurisdiction of the trial tribunal and the complaint was unproved. The Appellants placed heavy reliance on section 77 of the Electoral Act, 2022 and the allegation that the name of the second Respondent was not in the third Respondent’s register of members submitted to INEC before its primary election. However, there is nothing in section 77(3) of the Electoral Act that disqualifies a candidate whose name was not in the register of members submitted by his political party to INEC not later than 30 days before the date fixed for the party primaries, congresses, or convention. Neither a party nor court is allowed to import a statutory provision what is not contained therein. Another reason why the tribunal lacked jurisdiction to entertain the complaint about the second Respondent’s qualification is the nature of the complaint, being issues of nomination and sponsorship of the second Respondent by the third Respondent, are firmly within the realm of a pre-election matter. See Section 285(14) of the Constitution of the Federal Republic of Nigeria, 1999, (as amended).

It is now settled that it is only a member of a political party who was an aspirant that participated in the primary election that can challenge the sponsorship and nomination of the candidate who emerged from the primary election. See PDP V. INEC & ORS (2023) LPELR – 60457 (SC). Assuming the Appellants had the locus standi to raise the issue, same had become statute barred at the time of the filing of the petition as, by dint of Section 285(9) of the petition, a pre-election matter must be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit.

Furthermore, there is evidence that the second Respondent resigned his membership of APC before joining the third Respondent.

For these reasons, and of course, the more detailed ones, adumbrated  in the lead judgment, I join my learned brother in dismissing the appeal.

 Appeal dismissed.

ADAMU JAURO

JUSTICE, SUPREME COURT

APPEARANCES:*

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.

e Offia, Esq for the 3rd Respondent