While various post-election litigations are raging in the build-up to the 2023 general election, the President of the Realization of Civil Rights and Development Network, CRRAN, Olu Omotayo, said that the Court of Appeal has begun to enter into the law of the Electoral Act. 2022 largely creates the issue of locus standi on issues related to challenging the primary election results of political parties.
Omotayo said the Court of Appeal and the Supreme Court also before the introduction of the 2022 Electoral Act were equally irritated by what he called the busybodies of some political actors, who challenged the primaries of other parties.
The lawyer and activist, who stated this in an exclusive interview on Monday, said that although the lower courts seem to be divided on the matter, the Court of Appeal has passed several recent rulings that show that the new 2022 Electoral Act does not change anything for anyone . can challenge the processes leading to the actions and results of the main political party elections.
He cited the January 5, 2023 decision of the Court of Appeal Port Harcourt Division in the case of ABUEH & Others V. PDP & Others Suit No: CA/PH/557/2022, where the court said: “Political parties are not permitted by the Electoral Act which still exist, 2022 and the Constitution of the Federal Republic of Nigeria to sue other political parties in an attempt to challenge the nomination of the last party’s candidate selected from the primary election conducted by the last political party and seek to prevent the Independent National Electoral Commission (INEC) from acting on the list of candidates filed by the political party sued”.
He also cited the January 23, 2023 decision of the Makurdi Division of the Court of Appeal in PDP & Others V. INEC & Others, Appeal No. CA/MK/PE/15/2022 where the Court was asked to interpret cumulatively. the effect of Sections 77 (2) and (3), 82 (1), (2) and (5); 84(1), (4)(a)-(c) and (13) of the Election Act, 2022.
Justice Biobele George will, who read the judgment of the appellate court stated: “According to all that I have mentioned above, it seems clear to me and I believe that whatever canon of interpretation is used in the provisions and words of Section 285 ( 14) (c) of the Constitution of Nigeria 1999 as amended cannot accommodate or give locus standi in one political party to challenge the internal affairs or planning, preparation and holding of the primary election of another political party.
“Simply, the Petitioners/Cross-Requesters, as PDP and DPR candidates in the 2023 Election do not have the locus standi to challenge by filing a Lawsuit in the lower Court to challenge the planning, preparation, and holding or even not holding the primary election by the 2ndRespondent, APC”.
Furthermore, Omotayo referred to another Court of Appeal, the judgment of the Port Harcourt Division dated November 29, 2022 in the case of PDP V. INEC & OTHERS, Appeal No.CA/PH/480/2022 where the court then added that only candidates, who participated in the primary, not just any member of a certain political party, can challenge the primary election process.
Delivering judgment, Justice Gabriel Kolawole stated: “The petitioner is a member of the PDP, not the APC, and even if he is a member of the APC, he would have no locus standi to challenge the nomination of the 1st Respondent because he is not one of the Aspirants who participated in the primary election. In my view, he is a meddling interloper who has assumed the position of a hired man and cries more than a mourner”.
The activist added that the decision was in line with the judgment of the Court of Appeal and the Supreme Court before the enactment of the 2022 Election Act, citing the Supreme Court in the Case of Alhasan & Ano V. Ishaku & Others in the SC. 907/2015, which was sent on January 8, 2016.
The Supreme Court stated: “Only candidates in the primary election are permitted by Section 87 (9) of the Election Act 2010 (as amended) to challenge the election or nomination of a person for an elective office. Apart from the candidate participating in the primary election, no person others who have the authority to file an action to challenge the election or nomination of a candidate by a political party for election.
“As I said earlier, the petitioner is a member of the PDP, not the APC and even if he is a member of the APC, he has no locus standi to challenge the candidacy of the 1st Respondent because he is not one of the candidates participating in the primary election.
“In my opinion, the Appellant is a mixed-up interloper, who has assumed the role of a hired mourner, crying more than the sufferer”.
Omotayo lamented the situation where the courts are consumed by a lot of litigation even on matters that have been decided and clearly explained by the Court of Appeal and the Supreme Court, and called on political parties and politicians to enforce the rules. strengthen the nation’s democracy.