The Court of Appeal in Abuja has quashed a high court judgement which upheld the decision of the Independent National Electoral Commission not to accept the list of candidates of the All Progressives Congress in Zamfara State for the 2019 general elections.
In a unanimous judgment by a three-man panel of justices, the Court of Appeal set aside the judgment of an Abuja Federal High Court delivered on January 25 on the grounds that the court had no jurisdiction to examine the merits of the actions of the APC, adding that the matter is statute barred having been filed outside the 14 days provided by law and therefore incompetent.
The panel, led by Justice Abdul Aboki, which also included Justice Peter Ige and Justice Leonard Adah, ruled that the action was brought despite another suit at the Zamfara State High Court in suit no: ZMS/CS/52/2018, which made it an abuse of court process.
The Zamfara High Court had also on January 25 ruled that the APC had conducted primary elections on October 3 and 7, 2018, which was appealed against before a Court of Appeal in Sokoto by aggrieved members of the party and later withdrawn and dismissed on February 13.
“In the end this appeal partly succeeds on the issues of jurisdiction. And the suit of the first cross respondent in suit No: FHC/ABC/CS/1279/18 between All Progressives Congress versus INEC is hereby struck out for want of jurisdiction. The judgment of the lower court is hereby set aside. There is no order as to cost.
“It is beyond argument that this suit is pre-election matter which is now governed by the Constitution of the Federal Republic of Nigeria 4th Alteration No 21 Act 2017 which comes into force on the 7th of June, 2018 pursuant to Section 285(9) of the Constitution of the Federal Republic of Nigeria (as amended) which provides that: ‘not withstanding anything to the contrary in this constitution, every pre-election matter shall be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit,” Justice Aboki said
The suit before a Federal High Court was filed by the APC which claimed that INEC on October 9, 2018 prevented them from submitting gubernatorial, national and state assemblies’ candidates after they adopted an indirect or consensus primary without giving the state chapter any opportunity for clarifications.
But in the judgment by Justice Ijeoma Ojukwu, the court held that “the decision of INEC is in tandem with law and will help instill discipline, obedience and due process amongst political parties and their handlers in order to drive our democracy.”
The national headquarters of the APC filed the appeal against the suit through their counsel, Damian Dodo while a cross appeal was brought by chieftains of the chapter including: Alhaji Lawal Liman, Alhaji Mukthar Shehu Idris, Hon. Ikira Aliyu Bilbis, Hon. Tijjani Yahaya Kaura and Hon. Sanusi Garba Bikiji through their counsel, Magaji Mahmoud (SAN).
We’ll obey court order, INEC says
Reacting to the judgment, the INEC said that it is duty-bound to accept court ruling on any matter.
The Chief Press Secretary to INEC Chairman, Rotimi Lawrence Oyekanmi, said:“I have heard about it (Zamfara issue). If INEC is served with a legitimate court order, ruling or judgment on any matter, we will obey as we have always done, even if we have any objection.”
INEC chairman had earlier said that only presidential election will hold in Rivers and Zamfara based on court orders.
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