The Supreme Court has warned political parties to always comply
with the provisions of the laws of the land and their own rules
while nominating candidates for elections.
The court, in a judgment it delivered last Friday, warned that
political parties that failed to play by the rules would have “a
hard and very bitter lesson” to learn.
The apex court had, in the lead judgment prepared and read by
Justice Amina Augie, removed the Senator representing Taraba North
Senatorial District in the National Assembly, Sani Danladi, over
his party’s failure to comply with the laws and the rules in
presenting him for election in 2015.
Justice Augie held, “This is a hard and very bitter lesson for
political parties to learn. They may have chosen candidates or
eminent personalities they want to present as candidates to INEC,
but they have to play by the rules.
“The chosen candidates must comply with requirements of the law;
they must abide by the provisions of the Electoral Act, which
creates a level playing field for all aspirants who seek to contest
elections.
“So, the political parties and their candidates must obey the
rules.”
The Chief Justice of Nigeria, Justice Walter Onnoghen, headed
the five-man panel and also delivered the lead judgment that sacked
Mr. Herman Hembe as member representing the Vandeikya/Konshisha
Federal Constituency of Benue State in the House of
Representatives.
The CJN stated, “The truth must be told and that, that the first
and second defendants (Hembe and the All Progressives Congress
respectively) did not respect the provisions of the Electoral Act
and the Constitution of the second defendant (the APC) in the
conduct of the primaries.
“This court (the Supreme Court) has decided in quite a number of
cases that political parties must obey their own constitutions as
the court will not allow them to act arbitrarily or as they
like.
“From all I have endeavoured to say above, it is crystal clear
that the primaries, which produced the first defendant (Hembe), was
fraught with manifold irregularities aside from the fact that he
was not even qualified to contest same.”
In the two separate judgments delivered by Justice Augie and the
CJN, the apex court ordered Sani Danladi (of the Senate) and Herman
Hembe (of the House of Representatives) “to refund all the salaries
and or emoluments” which they collected while occupying their
respective seats in the National Assembly.
The apex court, also in the two judgments, ordered the
Independent National Electoral Commission to withdraw the
certificates of return issued to them.
It also ordered INEC to issue fresh certificate of return to
Isah Lau to replace Umar as the Taraba North Senator.
The court, in the other judgment, ordered INEC to issue a fresh
certificate of return to Mrs. Dorothy Mato to replace Hembe as the
lawmaker representing Vandeikya/Konshisha Federal Constituency.
The apex court ordered the Senate President to swear in Lau as
Danladi’s replacement, and that the Speaker or Clerk of the House
of Representatives should do so in relation to Mato as replacement
for Hembe.
The apex court held that both Danladi of the Peoples Democratic
Party and Hembe of the APC were not the proper candidates of their
parties for the last legislative elections.
The CJN and Justice Augie, who were members of the five-man
panel that decided the two cases, agreed with each others’ lead
judgments.
Other members of the panel – Justices Musa Muhammad, Kudirat
Kekere-Ekun and Ejembi Eko – also agreed with the lead
judgments.
The Supreme Court has warned political parties to always comply
with the provisions of the laws of the land and their own rules
while nominating candidates for elections.
The court, in a judgment it delivered last Friday, warned that
political parties that failed to play by the rules would have “a
hard and very bitter lesson” to learn.
The apex court had, in the lead judgment prepared and read by
Justice Amina Augie, removed the Senator representing Taraba North
Senatorial District in the National Assembly, Sani Danladi, over
his party’s failure to comply with the laws and the rules in
presenting him for election in 2015.
Justice Augie held, “This is a hard and very bitter lesson for
political parties to learn. They may have chosen candidates or
eminent personalities they want to present as candidates to INEC,
but they have to play by the rules.
“The chosen candidates must comply with requirements of the law;
they must abide by the provisions of the Electoral Act, which
creates a level playing field for all aspirants who seek to contest
elections.
“So, the political parties and their candidates must obey the
rules.”
The Chief Justice of Nigeria, Justice Walter Onnoghen, headed
the five-man panel and also delivered the lead judgment that sacked
Mr. Herman Hembe as member representing the Vandeikya/Konshisha
Federal Constituency of Benue State in the House of
Representatives.
The CJN stated, “The truth must be told and that, that the first
and second defendants (Hembe and the All Progressives Congress
respectively) did not respect the provisions of the Electoral Act
and the Constitution of the second defendant (the APC) in the
conduct of the primaries.
“This court (the Supreme Court) has decided in quite a number of
cases that political parties must obey their own constitutions as
the court will not allow them to act arbitrarily or as they
like.
“From all I have endeavoured to say above, it is crystal clear
that the primaries, which produced the first defendant (Hembe), was
fraught with manifold irregularities aside from the fact that he
was not even qualified to contest same.”
In the two separate judgments delivered by Justice Augie and the
CJN, the apex court ordered Sani Danladi (of the Senate) and Herman
Hembe (of the House of Representatives) “to refund all the salaries
and or emoluments” which they collected while occupying their
respective seats in the National Assembly.
The apex court, also in the two judgments, ordered the
Independent National Electoral Commission to withdraw the
certificates of return issued to them.
It also ordered INEC to issue fresh certificate of return to
Isah Lau to replace Umar as the Taraba North Senator.
The court, in the other judgment, ordered INEC to issue a fresh
certificate of return to Mrs. Dorothy Mato to replace Hembe as the
lawmaker representing Vandeikya/Konshisha Federal Constituency.
The apex court ordered the Senate President to swear in Lau as
Danladi’s replacement, and that the Speaker or Clerk of the House
of Representatives should do so in relation to Mato as replacement
for Hembe.
The apex court held that both Danladi of the Peoples Democratic
Party and Hembe of the APC were not the proper candidates of their
parties for the last legislative elections.
The CJN and Justice Augie, who were members of the five-man
panel that decided the two cases, agreed with each others’ lead
judgments.
Other members of the panel – Justices Musa Muhammad, Kudirat
Kekere-Ekun and Ejembi Eko – also agreed with the lead
judgments.