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ENGR. DAYID NONGO V. ARC. AUSTINE ASEMA ACHADO & ORS

(2023) JELR 111417 (SC)

Supreme Court  •  SC/CV/74/2023  •  20 Feb 2023  •  Nigeria

Coram
JOHN INYANG OKORO JSC AMINA ADAMU AUGIE JSC MOHAMMED LAWAL GARBA JSC IBRAHIM MOHAMMED MUSA SAULAWA JSC EMMANUEL AKOMAYE AGIM JSC

Appearances
O. S. Apch, Esq., with A. Kolawole, Esq. A. E. Ogwiji, Esq. A. Musa, Esq. and F. Y. Nwaini, Esq. for the Appellant; M. G. Burkaa, SAN with T. J. Aondo, Esq. S. Shagba, Esq. M. Ayua, Esq, and G. Buluku, Esq. for the 1st Respondent; M. A. Attah, Esq. with J. Y. Fomson, Esq. and R. Yusuf, Esq. for the 2nd Respondent; A.O. Oyedele, Esq. with K. N. Bemekun, Esq. A. A. Akuribido, Esq. A. A. El-Marzuk, Esq and R. Babatunde, Esq. for the 3rd Respondent.

Judgement

MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Leading Judgment): The Appellant and the 1st Respondent, members of the 3rd Respondent each asserted that he participated and scored the highest votes at the direct primary election conducted on the 29th May, 2022 for the selection/nomination of a candidate to contest election for the Gwer-West/Gwer-East Federal Constituency seat at the House of Representatives in the 2023 Elections. 

The 1st Respondent asserted that he emerged and was declared the winner of the said primary election with 36,662 votes while the Appellant scored 966 votes, to come third at the election. 

Instead of the 3rd Respondent to forward his name to the 2nd Respondent as the duly elected and nominated candidate as required by the Electoral Act, 2022, 1st Respondent was shocked when on the 17th June, 2022, the name of the Appellant was forwarded to the 2nd Respondent as the candidate for the constituency. In reaction, the 1st Respondent filed a suit, vide originating sum…

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