CaseLaw
Lado & Ors Vs. CPC (2011) CLR 12(j) (SC)
Judgement delivered on December 16th 2011
Brief
Facts
The facts of the case are simple and include the following. The Appellants in SC/15 7/2011 and the 3rd Respondents are card carrying members of the Congress for Progressive Change (CPC), a registered political party in Nigeria, who participated in one primary election of the party or the other scheduled to elect candidates to represent the political party in the general election held in April, 2011. The political party is the 1st Respondent while the 2nd Respondent is the National Chairman of the party. The 4th Respondent and Appellant in SC/334/2011 is the Katsina State Chairman of the party while the 5th and 6th Respondents are some of those responsible for conducting the April, 2011 general election in Nigeria.
It is the case of the Appellants that they are the validly nominated candidates of the 1st Respondent to contest the general election of April, 2011 into various elective positions in the National and State Constituencies following a primary election conducted on the 15th day of January, 2011 but that the 1st Respondent refused to forward their names to the 5th Respondent as its duly nominated candidates for the said elections contrary to the provisions of relevant statutes etc.
On the other hand, the 1st - 3rd Respondents contend that there was no primary election of the 1st Respondent on the 15th day of January, 2011 in which the Appellants emerged as nominated candidates of the party; that it was on 13th January, 2011 that the primaries of the 1st Respondent in Katsina State was conducted and the candidates for the various elective positions nominated, including the 3rd Respondent; that the said primaries of 13th January, 2011 was contested by some of the Appellants who lost same and that the names of the duly elected candidates of the party to contest the said general election were duly forwarded to the 5th Respondent on the 31st day of January, 2011 by the 1st Respondent in compliance with the law.
From the facts of the case, it is very clear that while Appellants claim their right to represent the 1st Respondent in the general elections of April, 2011 as emanating from a primary election conducted on the 15th day of April, 2011, the 1st - 3rd Respondents deny same but claim that the only primary election conducted by the 1st Respondent from which its candidates were nominated for the election was held on 13th January, 2011.
The above clearly shows that there were two (2) primary elections for the April, 2011 general elections in Nigeria. It is however the case of the Appellants that the primary election of 13th January, 2011 was inconclusive and/ or cancelled while the 1st - 3rd Respondents denied the allegation.
The existence of the two (2) conflicting primaries is eloquently confirmed by the decisions of the lower Courts in this matter. While the trial Court entered judgment for the Appellants based on the results of the primaries conducted on the 15th January, 2011, the Court of Appeal reversed same and upheld the nomination of candidates at the primaries conducted on the 13th day of January, 2011.
From the above undisputed facts, it is clear that the fundamental issue that called for determination by the trial Court and which was decided, was which of the two (2) lists of candidates emanating from the two primaries constitutes the duly nominated candidates of 1st Respondent for the general election in question.
Issues
Whether the Courts have jurisdiction to entertain the suit having regards to...