UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court of Nigeria, Asaba Judicial Division, delivered on 9th November, 2022 by F. A. Olubanjo, J. in Suit No. FHC/ASB/CS/147/2022 wherein the learned trial Judge upheld the preliminary objection of the 2nd Respondent and dismissed the suit of the Appellants.
The brief fact of the case is that the 1st Appellant is a political party registered under Nigerian law while 2nd – 4th Appellants are members of the 1st Appellant. The 1st Respondent is a body corporate with perpetual succession charged with duties to supervise political parties’ primary elections and to conduct general elections respectively. The 2nd Respondent is a political party registered under the law. The Appellants at the trial Court via an Originating Summons challenged the primary elections of the 2nd Respondent held on 26th, 27th, and 28th May, 2022; on grounds that the said primary elections were i…