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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Paragraph (c) of Section 285(14) of the Constitution is however the only provision that empowers a political party to institute a pre-election matter. The Appellant has latched on to the provision and argued strenuously that it vests it with locus standi to institute its case before the trial court. It should be noted that by the use of the words “…decisions or activities of the Independent National Electoral Commission paragraph…” and “…or any other applicable law has not been complied with by the Independent National Electoral Commission…” paragraph (c) only empowers a political party to challenge the actions of INEC. Anything outside this is beyond the scope of the provision of the paragraph. Notwithstanding the foregoing, the applicability of Section 285(14)(c) is not at large. The provision does not make the filing of pre-election matters by political parties an all-comers affair. It is not the purpose of the provision that a floodgate of pre-election litigation be open to political parties who will hide under it to challenge the actions or inactions of rival political parties under the guise of challenging the decisions or activities of INEC. The application of Section 285(14)(c) of the Constitution does not extend to a political party poking into the affairs of another. The position of the law has always been that no political party can challenge the nomination of the candidate of another political party. The position did not change with Section 285(14)(c) of the Constitution.
— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023
No matter how pained or disgruntled a political party is with the way and manner another political is conducting or has conducted its affairs concerning its nomination of its candidates for any position, it must keep mum and remain an onlooker, for it lacks the locus standi to challenge such nomination in court. A political party equally lacks the locus standi to challenge the actions of INEC in relation to another political party. Section 285(14)(c) only allows a political party to challenge the decisions and activities of INEC disqualifying its own candidate from participating in an election, or to complain that the provisions of the Electoral Act or any other law have not been complied with in respect of the nomination of the party’s own candidates, timetable for an election, registration of voters and other activities of INEC in respect of preparation for an election. A political party is only vested with locus to file a pre election matter when the aforesaid situations affects it or its own candidates. When the actions of INEC relate to the activities of a political party, no court has the jurisdiction to entertain a suit brought by another political party in that regard.
— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023
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 Ugwu & Anor. v. Araraume & Anor [2007] 16 S.C. (pt.1) 88, this Court considered the import and effect of Section 34 of the Electoral Act on the substitution of a candidate where no cogent reason was given for the substitution. At page 134 of the report this Court per Tobi J.S.C. said: “Taking Section 34(2) in the con of primaries in particular, I have no doubt in my mind that the subsection is not only important but has an imperative content; considering the general object intended to be secured by the 2006 Act. It is certainly not the intention of the Act to gamble with an important aspect of the electoral process, such as primaries in the hands of a political party to dictate the pace in anyway it likes, without any corresponding exercise of due process on the part of an aggrieved person…. If a section of a statute contains the mandatory ‘shall’ and it is so construed by, the court, then the consequence of not complying with the provision follows automatically. I do not think I sound clear. Perhaps I will be clearer by taking Section 34(2). The subsection provides that there must be cogent and verifiable reasons for the substitution on the part of the 3rd respondent. This places a burden on the 3rd respondent not only to provide reasons but such reasons must be cogent and verifiable. If no reasons are given, as in this case, not to talk of the cogency and verifiability of the reasons, then the sanction that follows or better that flows automatically is that the subsection was not complied with and therefore interpreted against the 3rd respondent in the way I have done in this judgment. It is as simple as that. It does not need all the jurisdiction of construction of statute. I know of no canon of statutory interpretation which foists on a draftsman a drafting duty to provide for sanction in every section of a statute.”
It is the political party that participated in the conduct of an election that is the winner or the loser and not the Candidates sponsored by the political parties sometimes, the goodwill of a candidate being sponsored in an election may contribute to the victory of the political party in an election. Section 221 of the 1999 Constitution of Nigeria does not recognize an Independent candidate contesting in our elections.
– Coomassie JSC. Odedo v. INEC (2008)
The decision of this court in the case of PDP V. NGBOR & ORS (2023) LPELR 59930 (SC), delivered on 7th February, 2023 is instructive. In that case, the Appellant (PDP) filed a suit at the Federal High Court, Port Harcourt Division, challenging the decision of INEC to accept the candidates of the 7th Respondent, African Democratic Congress (ADC). The Appellant therein alleged that ADC did not comply with the provisions of the law in the nomination of its candidates for Rivers State House of Assembly elections in that the primary elections from of which its candidates in respect of some state constituencies emerged were held outside the constituencies, contrary to the requirement of the law. The Appellant also alleged that INEC maintained double standards as it insisted that the nomination of the Appellant’s candidates must comply with legal requirements, while overlooking the requirements in respect of the 7th Respondent’s candidates. The trial court granted the reliefs sought by the Appellant. On appeal to the Court of Appeal, the decision of the trial court was set aside and it was held that the trial court lacked jurisdiction owing to the Appellant’s lack of locus standi. The Appellant then appealed to this court. In dismissing the appeal and affirming the judgment of the Court of Appeal, it was held that Section 285(14)(c) of the Constitution does not permit a political party to interfere in the internal affairs of another. My Lord Ogunwumiju, JSC elucidated on the extent of Section 285(14)(c) of the Constitution thus: “While Section 285(14)(c) talks about how the political party can challenge the decision of INEC, it relates to any decision of INEC directly against the interest of that political party. It cannot be stretched to include the inactions/actions of INEC in respect of nomination for an election by another political party. So, pre-election and election matters are governed by laws made specially to regulate proceedings. See NWAOGU v. INEC (2008) LPELR 4644, SA’AD v. MAIFATA (2008) LPELR-4915. In this case, the 2nd Appellant has absolutely no cause of action since the party purportedly in violation of the Electoral Act is not his party. In the case of the political party, no other interpretation can be given to the provision than that the political party has a right of action against INEC where it rejects the nomination of its candidates, where it proposes unsuitable timetable or its registration of voters or register of voters or other activities of INEC are against the interest of that political party. Section 285(14)(c) cannot extend to challenge INEC’s conduct in relation to another political party irrespective of whether such conduct by the other party is wrongful or unlawful. Section 285(14)(c) cannot clothe a party with the locus to dabble into INEC’s treatment or conduct in respect of another political party. No matter how manifestly unlawful an action is, it is the person with the locus standi to sue who can challenge it in a Court of law. See Suit SC/CV/1628/2022 APC & ANOR v. INEC & ORS delivered on 3/2/23.”
— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023
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