GUSAU V. LAWAL & ORS

Legalpedia Citation: (2023-06) Legalpedia 26807 (SC)

In the Supreme Court of Nigeria

Holden at Abuja

Mon Mar 6, 2023

Suit Number: SC.CV/92/2023

CORAM

JOHN INYANG OKORO JUSTICE SUPREME COURT

CHIMA CENTUS NWEZE JUSTICE SUPREME COURT

HELEN MORONKEJI OGUNWUMIJU JUSTICE SUPREME COURT

ADAMU JAURO JUSTICE SUPREME COURT

TIJJANI ABUBAKAR

PARTIES

IBRAHIM SHEHU GUSAU

APPELLANTS

DAUDA LAWAL
PEOPLES DEMOCRATIC PARTY
HON. FELIX HYAT (Chairman, Zamfara State Governorship Primary Election Committee Of The Peoples Democratic Party)

. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

RESPONDENTS

AREA(S) OF LAW

APPEAL, CONSTITUTIONAL LAW, ELECTION PETITION, EVIDENCE, PRACTICE AND PROCEDURE

SUMMARY OF FACTS

The Appellant and the 1st Respondent were all members of the 2nd Respondent and participated in the 2nd Respondent’s gubernatorial primary election for Zamfara State held on 25th May, 2022. At the conclusion of the exercise, the 1st Respondent emerged victorious and was declared winner. The Appellant, Aliyu Hafiz Muhammad and Mallam Wadatau Madawaki were displeased with the outcome of the primary election and they approached the trial Court in suit No. FHC/GS/CS/13/2022, seeking the nullification of the primary election. The Court delivered its judgment wherein it ordered the conduct of a valid primary election under the full supervision of the 4th Respondent, the Independent National Electoral Commission (INEC).

In compliance with the order, the 2nd Respondent conducted another primary election on 23rd September, 2022 in which the 1st Respondent, the Appellant and Aliyu Hafiz Muhammad fully participated, after notifying INEC by a letter dated 20th September, 2022 (Exhibit E). At the conclusion of the Court-ordered reconducted gubernatorial primary election, the 1st Respondent was again declared victorious and returned as winner. Unhappy still with the outcome of the Court-ordered primary election, the Appellant and Aliyu Hafiz Muhammad, as 1st and 2nd Plaintiffs respectively, instituted suit No. FHC/GS/CS/32/2022 before the trial Court claiming that INEC was not given 21 days’ notice as required by Section 82(1) of the Electoral Act, 2022 and that they as aspirants were not issued a 7 days’ notice as required by the 2nd Respondent’s Guidelines, hence the primary election was a nullity. The learned trial Judge dismissed the Notice of Preliminary Objection and granted the reliefs sought by the Plaintiffs. He further invoked Section 84(13) of the Electoral Act and ordered that the 2nd Respondent would present no candidate for the 2023 Zamfara State gubernatorial general election.

Miffed by the judgment of the trial Court, the 1st Respondent appealed to the lower Court and his appeal was allowed, with the judgment of the trial Court set aside in its entirety.

Not unexpectedly, the Appellant was dissatisfied by that judgment and appealed to the Supreme Court.

HELD

Appeal dismissed

ISSUES

Ø Whether the lower Court was right to reverse the decision of the trial Court which discountenance the INEC REPORT – Exhibit PDP3?

Ø Whether the lower Court was right when it held that the Gubernatorial Primary Election of the 2nd Respondent for Zamfara State held on 23/09/2022 was validly conducted, bearing in mind the decision of the trial Court in suit. No. FHC/GS/CS/13/2022 between Dr. Ibrahim Shehu Gusau & 2 Ors v. Peoples Democratic Party & 4 Ors?

Ø Whether the lower Court was right when it held that the Appellant’s failure to fulfil the condition precedent stated in Part V8 (h) of the 2nd Respondent’s Electoral Guidelines was fatal to his case?

RATIONES DECIDENDI

APPEAL – WHERE DECISIONS OF LOWER COURT ARE NOT CHALLENGED ON APPEAL

See KAJAWA V. STATE (2018) 8 NWLR (PT. 1622) 446; NSIRIM V. AMADI (2016) 5 NWLR (PT. 1504) 42; N.N.P.C V. FAMFA OIL LTD. (2012) 17 NWLR (PT. 1328) 147. The Appellant’s failure to validly challenge the decision of the trial Court in any way was indicative of his satisfaction with the entire decision and he was precluded from attempting to challenge same through the backdoor. – Per Adamu Jauro, JSC

DOCUMENT – WHEN A DOCUMENT IS ATTACHED TO AN AFFIDAVIT, IT IS IN EVIDENCE BEFORE THE COURT

When a matter is fought on affidavit evidence or where a document is attached to an affidavit in a matter, any document attached thereto forms part of that affidavit and is therefore already in evidence before the Court. It should be borne in mind that an exhibited copy of a document attached to an affidavit must necessarily be a photocopy or secondary copy, except where the document was executed in several parts or counterparts and the deponent has many of the parts to exhibit in original forms. Hence, it is not expected that the primary or original copy should be produced and attached to all the copies of the affidavit.

Where the document is a public document, the requirement of certification can be dispensed with as long as the document is credible and the contents are not in dispute or challenged. See AONDOAKAA V. OBOT & ANOR (2021) LPELR – 56605 (SC); EZECHUKWU & ANOR V. ONWUKA (2016) LPELR – 26055 (SC); MAGNUSSON V. KOIKI (1993) 12 SCNJ 114.– Per Adamu Jauro, JSC