Supreme Court affirms Ishaku's nomination as APC's chairmanship candidate for Bwari Council
In a split decision of four-to-one, the Supreme Court on Monday declared Honourable Joshua Ishaku as the lawful chairmanship candidate of the All Progressives Congress (APC) for Bwari Area Council
In a split decision of four-to-one, the Supreme Court on Monday declared Honourable Joshua Ishaku as the lawful chairmanship candidate of the All Progressives Congress (APC) for Bwari Area Council in the forthcoming council polls in the Federal Capital Territory (FCT).
In the lead majority judgment read by Justice Jamilu Tukur, the apex court set aside the majority decision of the Court of Appeal in Abuja and upheld the dissenting judgment delivered by Justice Okon Abang.
The apex court held that Ishaku’s suit was neither statute-barred nor premature and that the case did not fall within the insulated confines of internal party affairs.
Advertisement
300x250
The Supreme Court found that the lower court erred in its conclusion that the appellant’s action was caught by limitation.
It held that the “inevitable conclusion” from the records of proceedings was that the appellant had been denied the opportunity to be heard and, therefore, denied fair hearing.
Read Also: Tinubu: We will overcome Nigeria’s security challenges through united effort
On argument that the Ishaku did not exhaust the party's dispute resolution mechanism before heading to court, the Supreme Court held that the internal affairs doctrine was not absolute.
It held that where party guidelines are violated or statutory and constitutional rights are disregarded, the courts could intervene.
Advertisement
300x250
The apex court further held that it is contradictory to insist that a declared winner of a primary election must exhaust internal dispute resolution mechanisms designed for aggrieved aspirants.
It added that such obligation rests on the losing aspirant and held that the Court of Appeal failed to properly evaluate the material evidence placed before it.
The Supreme Court proceeded to set aside the majority judgment of the Court of Appeal, affirming Haruna Audi as the candidate and ordered the relevant authorities to publish Ishaku’s name as the APC candidate for the forthcoming council election.
