Election Petitions (568)
The person vested with the locus standi to challenge the nomination or selection of a person for an election during a primary election is only an aspirant at the primary election by virtue of the provisions of Section 87(9) of the Electoral Act, 2010 (as amended). Aside the aspirant who took part in the primary election, no other person is authorised to file an action to challenge the selection or nomination of a candidate by a political party for an election. Daniel v. INEC (2015) 9 NWLR (Pt. 1463) 113 at 155-157.
Shinkafi & Anor. v. Yari & Ors. [2016] 1 M. J. S. C (Pt. I) [Po 26] Paras. E-G
Where a Political Party conducts its primary and a dissatisfied contestant at the primary election complains about its conduct of the primaries, the courts have jurisdiction by virtue of the provision of Section 87(9) of the Electoral Act, 2010 (as amended) to examine if the conduct of the primary was in accordance with the party Constitution and Guidelines. The reason is that in the conduct of its primaries, the courts will never allow a political party to act arbitrarily or as it likes. A political party must obey its Constitution.
Shinkafi & Anor. v. Yari & Ors. [2016] 1 M. J. S. C (Pt. I) [Pp. 25-26] Paras. G-B
A court has no jurisdiction to determine who a political party should sponsor in an election.
Shinkafi & Anor. v. Yari & Ors. [2016] 1 M. J. S. C (Pt. I) [Po 25] Para. G
A Political Party seeking to nominate candidates for election under the Act shall hold primaries for aspirants to all elective positions. The procedure shall be either by direct or indirect primaries. The right to nominate or sponsor candidate by a Political Party is a domestic right of the party. It is a political matter within the exclusive discretion of the party. PDP v. Sylva (2012) LPELR - 7814 (SC) (Consolidated), Hope Uzodinma v. Senator Osita Izunaso (2011) Vol. 5 (Pt. 1) MJSC P 27; Onuoha v. Okafor (1983) 2 SCNLR 244.
Shinkafi & Anor. v. Yari & Ors. [2016] 1 M. J. S. C (Pt. I) [Po 25] Paras. F-G
The Electoral Act, 2010 does not state that any party who fails to give notice of its congress, etc to INEC will forfeit the right to field a candidate who emanates from such congress. The punishment for non-compliance with the provision of Section 85 thereof is as provided in Section 86(4) of the Act. It states: "86 (4) - A political party which fails to provide the required information or clarification under sub-section (2) of this. section or carry out any lawful directive given by the commission in conformity with the provisions of this Section is guilty of an offence and liable on conviction to a fine of not less than N 500,000.00. "
Shinkafi & Anor. v. Yari & Ors. [2016] 1 M. J. S. C (Pt. I) [Po 25] Paras. B-D
Where the notice given to INEC is short of twenty-one (21) days as stipulated in Section 85 (4) of the Electoral Act and INEC finds it convenient to send its monitoring team the question of whether the notice was up to 21 days or not will no longer be of any moment.
Shinkafi & Anor. v. Yari & Ors. [2016] 1 M. J. S. C (Pt. I) [Po 25] Para. A
The combined provisions of sections 85 and 87 of the Electoral Act, 2010 (as amended) regulate the nomination of candidates for election through the internal mechanism of each political party. In otherwords, issue of nomination and sponsorship of candidates by political parties for election fall within the internal affairs of political parties and therefore not justiciable. Onuoha v. Okafor (1983) 2 SCNLR 244; Lado v. CPC (2012) ALL FWLR (Pt.607) 598 at 622; Nicholas Chukwuejekwu Ukachukwu v. Peoples Democratic Party and Ors. (2014) LPELR - 22115 (SC).
Shinkafi & Anor. v. Yari & Ors. [2016] 1 M. J. S. C (Pt. I) [Po 24] Paras. A-B
The purpose of section 85 of the Electoral Act, 2010 is for a political party to give sufficient notice of its conventions, congresses, conferences or meetings to the Independent National Electoral Commission (INEC) to enable it monitor and observe any such event of a political party. [Po 24] Paras. B-C
"In the instant case, the grouse of the Appellants is not that there was no notice to INEC at all but that the notice was short of 21 days as demanded by Section 85(4) of the Act. There is evidence that the 3rd Respondent herein duly attended and monitored by a team of six officials of its state office and two officials from the National Office, the Governorship Primaries of 4th December, 2014 which produced the 1st Respondent and the candidate of the 2nd Respondent, the APe. See Exhibit A3 tendered at the trial tribunal which is titled "Report on Governorship Primaries of the All Progressives Congress (APC) in Zamfara State. -Per Okoro, JSC. Shinkafi & Anor. v. Yari & Ors. [2016] 1 M. J. S. C (Pt. I) [Po 24] Paras. E-G