One of the issues for determination in All Progressives Congress v Bashir Sheriff and Others was whether the first respondent won the primary election that was conducted according to the Electoral Act 2022. This issue, however, was not addressed because the Supreme Court set aside the suit because the first respondent failed to initiate it through the proper originating process. This decision contrasts with its previous judgment in Ekanem v The Registered Trustees of the Church of Christ the Good Shepherd, where it held that an inappropriate originating process does not undermine the competence of a suit. By departing from this previous decision, this note argues that there is a high possibility that the Supreme Court may have aided in the subversion of the Constitution. It recommends that the Electoral Act 2022 be amended to restrict the court's authority to dismiss election disputes if they were initiated through inappropriate originating processes.
