The Federal High Court in Abuja has dismissed the Peoples Democratic Party's (PDP) attempt to nullify the September 2024 local government elections in Kwara State. The court's decision was based on the fact that the PDP had already participated in the election and pursued its grievances before the appropriate election petition tribunals. The party's bid to amend its originating summons to include a relief asking the court to nullify the local government elections was rejected by Justice Peter Lifu.
According to the court's judgment, the PDP had initially asked the court to restrain the Kwara State Independent Electoral Commission (KWASIEC) from conducting the elections and prevent the Independent National Electoral Commission (INEC) from releasing the national voters' register to the state electoral body. Justice Lifu had in July 2024 granted an interim order restraining INEC from releasing the register to KWASIEC, but the order was subsequently vacated before the election. The elections consequently went ahead across the state on September 21, 2024, with the PDP taking part in the exercise.
The PDP later challenged the results through about 24 election petitions, but all the petitions were dismissed and no appeal was lodged against the decisions. The party then returned to the Federal High Court and sought to amend its originating summons to include a relief asking the court to nullify the local government elections. However, Justice Lifu rejected this move, holding that the amendment effectively transformed the original case from a pre-election dispute into a post-election challenge.
The judge ruled that the court lacked jurisdiction to start as an election tribunal and that the PDP could not abandon the outcome of the election petition process and seek substantially the same relief through another proceeding. The court also found that the amended case had become statute-barred, meaning that the PDP could no longer pursue the relief it introduced after the expiration of the applicable statutory period.
Justice Lifu upheld the preliminary objection of the defendants that the PDP's continued pursuit of the matter constituted an abuse of court process. He said allowing the party to return to the Federal High Court after the conclusion of its election petitions would amount to using another judicial process to relitigate issues that ought to have been determined through the prescribed electoral litigation procedure.
The judge emphasized that it was impermissible for the PDP to return, by way of an amended originating summons, to seek reliefs which it could no longer obtain through the election petition process. The court's decision has significant implications for the PDP and the electoral process in Kwara State. The party's attempt to nullify the elections has been rejected, and it can no longer pursue this relief through the courts.
The court's judgment has been seen as a significant development in the electoral process in Nigeria. The PDP's attempt to challenge the outcome of the elections has been rejected, and the party will have to explore other avenues to address any grievances it may have. The judgment also highlights the importance of following due process in electoral litigation and the need for parties to exhaust all available remedies before seeking redress in court.
Key points
- Federal High Court in Abuja dismisses PDP's attempt to nullify Kwara State local government elections
- PDP had participated in the election and pursued its grievances before the appropriate election petition tribunals
- Court ruled that PDP's continued pursuit of the matter constituted an abuse of court process
