It is trite that for a person to qualify as a candidate for a general election, he must not only be a member of a political party but he must have been sponsored for the election by his political party. See the cases of Gwede v. INEC & Ors. (2014) LPELR-23763 (SC); and Al-Hassan & Anor v. Ishaku & Ors. (2016) LPELR-40083.
— M.A.A. Adumein JCA. Yusuf Kabir v. APC, INEC, NNPP (CA/KN/EP/GOV/KAN/34/2023, 17TH DAY OF NOVEMBER 2023)
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But before a candidate for the primaries can invoke Section 87 (9) of the Electoral Act, 2010 (as amended), and thus be imbued with locus standi or the ground to sue, he must have been screened and cleared by his political party and actually participated in the said primaries. Where a candidate who bought nomination form, was screened and cleared to participate in the primaries but failed to actually participate, such a candidate has lost the right to be heard in a Court of law under Section 87 (9) of the Electoral Act (supra). See Emenike v PDP & Ors (2012) 12 NWLR (pt 1315) 556, Alahassan v Ishaku & Ors (2016) LPELR – 40083 (SC), Emeka v Okadigbo (2012) 18 NWLR (pt 1316) 553, Shinkafi v Yari (supra), Jev & Anor v Iyortyom & Ors (2014) 14 NWLR (pt 1428) 575, Emenike v PDP & Ors (2012) 12 NWLR (pt 1315) 556, Eyiboh v Abia & Ors(2012) 16 NWLR (pt 1325) 51, Odedo v PDP & Ors (2015) LPELR – 24738 (SC), Lado v CPC (2011) 18 NWLR (pt 1279) 689, PDP v Sylva & Ors (2012) 13 NWLR (pt 1316) 85.
— J.I. Okoro, JSC. Uba v. Ozigbo, INEC, PDP (SC.CV/772/2021, October 21, 2021)
It is not the business of any Court to select or nominate candidates for any political party for election. The nomination of a candidate to contest an election is the sole responsibility of the political party concerned. The Courts do not have jurisdiction to decide who should be sponsored by a political party as a candidate in an election. See Onuoha v Okafor (1983) 2 SCNLR 244, Dalhatu v Turaki (2003) 15 NWLR (pt 843) 310, Shinkafi & Anor v Yari & Ors (2016) LPELR – 26050 (SC) page 57 paragraphs A – D, Olofu & Ors v Itodo & Anor (2010) 18 NWLR (pt 1225) 545. The above position has been the law and has not changed because issue of selection and/or nomination of a candidate for an election is strictly within the domestic jurisdiction or power of political parties.
— J.I. Okoro, JSC. Uba v. Ozigbo, INEC, PDP (SC.CV/772/2021, October 21, 2021)
The courts have held in a plethora of cases that the issue of membership of a political party is an internal affair of the political party. It has been consistently held, that it is only the party (in this case, the 3 rd Respondent), that has the prerogative of determining who are its members and the 3 rd Respondent, having sponsored the 2 nd Respondent as its candidate for the Governorship Election in Kano State on the 18 th of March 2023, the 2 nd Respondent has satisfied the requirement of being a member of the 3 rd Respondent as provided for in S134 (1) (a) of the Electoral Act 2022. Consequently, it has been held, that is not within the right of the Petitioner at this stage and after the nomination, sponsorship of the 2 nd Respondent by the 3 rd Respondent as its candidate, to question the 2 nd Respondents membership of the 3 rd Respondent, as it is an internal affair of the party.
— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)
I have pondered over the submissions of counsel for appellants on this sub-issue and have not clearly seen the connection between publications of the names of candidate by 3rd respondent and qualification to contest any election to which the publication or non publication relates. I hold the view that publication of names of candidates by 3rd respondent is not evidence of sponsorship by a political party which nominated the candidates. Evidence of nomination and sponsorship of a candidate by a political party lies in the declaration of the winner of the party’s primary election conducted to elect the party’s candidate for the general election in question coupled with the political party forwarding the names of the said elected candidate to the 3rd respondent as its nominated candidate for the election see Section 31 of the Electoral Act, 2010, as amended, which enacts thus.
— Onnoghen, JSC. Kubor v. Dickson (2012) – SC.369/2012
The 2nd Respondent/Applicant also contended that the Petition is not properly constituted as the candidate sponsored by the Petitioner has not been joined as a Co-Petitioner in the petition. The short answer to that is that, Section 133(1)(b) of the Electoral Act, 2022 entitles the Petitioner as a political party to institute an election petition. The Applicant has not referred us to any provision of the Electoral Act, or any authority that mandates the political party to file an election petition, only where its candidate has been joined as Co-Petitioner. It is true that, it is proper for the candidate of the party to be so joined but there is no law that compels the political party to join its candidate in the petition. Afterall, the purpose of such joinder is so that the candidate be bound by any judgment or order of the Court or Tribunal but any non-joinder will not invalidate the Petition. This is particularly so when Section 133(1) of the Electoral Act (supra) states that: “An election petition may be presented by one or more of the following persons – (a) a candidate in an election; or (b) a political party which participated in the election.” By the use of the disjunctive word “or”, it means that an Election Petition may be filed by the candidate alone, or the political party alone, or both of them. See Buhari & Anor v. Yusuf & Anor (2003) 14 NWLR (pt. 841) 446 and APC v. PDP & Ors (2015) LPELR – 24349 (CA). The objection on this ground is therefore discountenanced.
— H.S. Tsammani, JCA. APM v INEC & Ors. (2023) – CA/PEPC/04/2023
‘In the instant case, the Appellant herein clearly stated in the affidavit in support of his originating summons that he took part in the primary election held at St. Paul University, Awka in obedience to the judgment of Adeniyi J of the Federal Capital Territory High Court and that the said election was conducted by Sir Chukwudi Umeaba who authored and signed the alleged result of the primary election. He is said to be the leader of the State Executive of the 3rd Respondent. That Appellant emerged winner of that contraption he called party primary election. But from the authorities of this Court cited above, that assemblage at St. Paul University was nothing other than an illegal and an unlawful gathering of party delinquents. The outcome therefore was a sham and a farce. See Emenike v PDP (supra). Not having been conducted by the National Executive Committee 3rd Respondent, the primary election held at St. Paul University on 26th June, 2021 which the Appellant took part is unknown to law and is a nullity. The law is very clear that a State executive of a political party has no vires to conduct party primaries. It is only the National Executive Committee of the party that is recognized as the proper organ of the party saddled with the responsibility of conducting party primaries.’
‘Party primaries are conducted by the National Executive Committee of political parties. Definitely, not by the State executive of the party. The Appellant lacked the locus standi to incept the suit giving birth to this appeal. Counsel ought to advise their clients when requested to file such frivolous suits in Court.’
— J.I. Okoro, JSC. Uba v. Ozigbo, INEC, PDP (SC.CV/772/2021, October 21, 2021)
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