Isah Shuaibu Lau V. Peoples Democratic Party [PDP] & Ors(2017)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

This Appeal relates to a pre-election matter. The Appellant and the third Respondent participated in the Taraba North Senatorial District primary election conducted by the first Respondent on 11/12/2016, and the third Respondent was declared the nominated candidate.

Dissatisfied with the state of affairs, the Appellant instituted an action against the first and second Respondents only at the High Court of the Federal Capital Territory, Abuja, wherein he questioned the eligibility of the third Respondent to vie for the senatorial seat.

The third Respondent was not listed as a Party in the original Originating Summons filed on 18/12/2014 but the Appellant applied\and was granted leave of Court to join him as a Party on 23/12/2014 which resulted in the first amendment of the Originating Summons.

The first Respondent filed a Counter-Affidavit to the Amended Originating Summons, wherein it was averred in paragraphs 27- 30

– 27. On 30/12/2014, Alh. Garba Umar [third Respondent] wrote to the 1st Defendant [PDP] a letter of withdrawal from contesting the Taraba

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North Senatorial seat under the platform of the 1st Defendant.

  1. Consequent to the withdrawal of Alh. Garba Umar [third Respondent] the 1st Defendant substituted his name with Alh. Sani Abubakar Danladi [fourth Respondent] as her candidate for Taraba North Senatorial seat at the 2015 General Election.
  2. -Alh Garba Umar is no longer the 1st Defendants candidate for Taraba North Senatorial seat at the 2015 General election.

30.The 1st Defendants candidate for Taraba North Senatorial seat for the 2015 General election is Alh. Sani Abubakar Danladi.

See also  Hon. Prof. Chudi Uwazurike & Anor V. Chief Austin Nwachukwu & Anor (2012) LLJR-SC

In reaction, the Appellant made an oral Application that was granted by the trial Court on 12/3/2015, for the joinder of the said Alhaji Sani Abubakar Danladi as the fourth Defendant to the Suit. The Appellant later filed a Further Amended Originating Summons on 16/3/2015, wherein he tabled the following four Questions for Determination

a. Whether by the combined provisions of S. 87(1), (2) (c) (i) and (ii) of the Electoral Act, 2010 (as amended), Chapter VIII Section 50(1) (2) of the 1st Defendant’s Constitution and Part V, Articles 22 (i), 24 (1) b, c, and e and 25 (v)

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of the 1st Defendant’s Guidelines for Primary Election 2014, it is mandatory for the 1st Defendant to present its Senatorial candidate from among the aspirants who had expressed interest, screened for same and actually participated with the highest number of votes in the primary election for senatorial positions.

b. Whether by the combined provisions of S.87 (1), (2) (c), (i) and (ii) of the Electoral Act, 2010 (as amended). Chapter VIII Section 50 (1) (2) of the 1st Defendant’s Constitution and Part v, Articles (22) i, (24) 11) b, c, and e and (24) v (sic) of the 1st Defendants Guidelines for Primary Election 2014, the 4th Defendant who had not expressed interest, screened for and participated in the 1st Defendant’s primaries conducted for Taraba North Senatorial District can emerge as a Senatorial candidate for election in respect of Taraba North Senatorial District, Taraba State.


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