Professor Jerry Gana, Con V. Social Democratic Party & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

By his Amended Originating Summons at the High Court of the Federal Capital Territory (FCT), Prof. Jerry Gana, CON (hereinafter called “the Appellant”), had raised the following questions and sought 13 reliefs, to wit:

QUESTIONS FOR WHICH DETERMINATION IS SOUGHT

1. Whether having regard to Section 87(9) of the Electoral Act, 2010 (as amended) and Article 2 of the Constitution of the Social Democratic Party (SDP), 2018 (as amended), the 1st Defendant is bound by the provisions of Article 15.3(i) & (ii)(a) of its own Constitution, to wit, relation to the principle of rotation of political offices such that the office of the President and National Chairman of the 1st Defendant shall rotate between the South and North and amongst the six (6) geopolitical zones.
2. Whether having regard to Section 223(1)(a) and (b) and 2(a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Articles 2 and 15.3(i) & (ii)(a) of the Constitution of the Social Democratic Party, 2018 (as amended) and given the fact that the National Chairman of the 1st

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Defendant, the person of the 2nd Defendant is from the South, the office of the President of the Federal Republic of Nigeria for the 2019 Presidential election is not deemed zoned to the North to the exclusion of the South.

3. Whether having regard to the Section 223(1)(a) and (b) and (2)(a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 87(9) of the Electoral Act, 2010 (as amended) and Article 15.3(i) & (ii)(a) of the Constitution of the Social Democratic Party, 2018 (as amended) which entrenches the principle of zoning and rotation of political offices such that the office of the President and National Chairman of the 1st Defendant shall rotate between the South and North and bearing in mind the fact that the 2nd Defendant, the National Chairman of the 1st Defendant is from the South, the 5th Defendant was not automatically disqualified from participating in the Presidential Primaries of the 1st Defendant on 6th October, 2018 and from being fielded as the Presidential candidates of the 1st Defendant for the 2019 Presidential election.
4. Whether the participation of the 5th Defendant who

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is from Southern Nigeria, the same zone with the 2nd Defendant in the Presidential Primaries of the 1st Defendant conducted on 6th October, 2018 on his purported return as the Presidential flag bearer or candidate of the 1st Defendant in the 2019 Presidential election is not a gross violation of Article 15.3(i) & (ii)(a) of the Constitution of the Social Democratic Party, 2018 (as amended).

5. If the answers to issues 1, 2, 3 and 4 above are in the affirmative whether the purported participation of the 5th Defendant in the Presidential Primaries of the 1st Defendant on 6th October, 2018 ought not to be deemed as null and void and of no effect and the purported votes of 812 votes ascribed to him and/or allegedly scored by the 5th Defendant in the said Presidential Primaries are not deemed wasted votes.
6. If the answers to issues 1, 2, 3, 4 and 5 above are in the affirmative, whether the Claimant, a Presidential aspirant from the North who participated in the Presidential Primaries of the 1st Defendant on 6th October, 2018 and who scored 611 votes ought not to be declared as the candidate with majority of lawful votes cast at the said Presidential

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Primaries and as such the name of the Claimant ought to be forwarded and/or ought to have been forwarded to the 6th Defendant by the 1st Defendant as its Presidential candidate for the 2019 Presidential election.

ALTERNATIVELY

7. Whether by the combined effect of Section 87(1), (2), (7) and (9) of the Electoral Act, 2010 (as amended) and Articles 2, 15.1, 15.2 (1), 15.4(i) and (ii) and 15.5 of the Constitution of the Social Democratic Party (SDP) (as amended), the 1st Defendant is duty bound to issue Guidelines for the conduct of its Presidential Primaries and whether the failure of the 1st Defendant to issue such Guidelines for its Presidential Primaries conducted on 6th October, 2018 rendered the said Presidential Primaries null and void and of no effect whatsoever.

STATEMENT OF RELIEFS SOUGHT

1. A DECLARATION that the 1st Defendant and by extension, all its members are bound by the provisions of Articles 2 and 15.3(i)(ii)(a) of the Constitution of the Social Democratic Party (SDP), 2018 (as amended) in relation to the principle of rotation of political offices to the effect that the office of the Presidential and National Chairman of the

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1st Defendant shall rotate between the South and North and amongst the six(6) geo-political zones in Nigeria.

2. A DECLARATION that by reason of Section 223(1)(a) and (b) and (2)(a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Articles 2 and 15.3 (i)(ii)(a) of the Constitution of the Social Democratic Party (SDP), 2018 (as amended) and given the fact that the National Chairman of the 1st Defendant, that is to say, the 2nd Defendant is from the South, the office of President of the Federal Republic of Nigeria for 2019 Presidential Election from the perspective of the 1st Defendant is deemed to have been zoned to the North to the exclusion of the South.
3. A DECLARATION that by virtue of Section 223(1)(a) and (b) and (2)(a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Articles 2 and 15.3(i)(ii)(a) of the Constitution of the Social Democratic Party (SDP), 2018 (as amended) which entrenches the principle of zoning and rotation of Political Offices to the effect that the President and National Chairman of the 1st Defendant shall rotate between the South and North, the 5th

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