MUSA DATTIJO MUHAMMAD, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of the Court of Appeal, Kaduna Division, hereinafter referred to as the lower Court, delivered on the 15th day of March 2019, affirming the judgment of the Kano State High Court, hereinafter referred to as the trial Court, dated on the 14th January 2019, adjudging suit No: K/458/2018 commenced by the appellant statute barred. The brief facts of the case that brought about the appeal are stated below.
On the 16th day of October 2018, the appellant as plaintiff, filed an originating summons contesting the participation of the 1st respondent in the 2nd respondent's 2018 Gubernatorial primary election in Kano State witnessed by the 3rd respondent. It is appellant's case that the 1st respondent who did not comply with Section 8(8) of the Constitution of the Peoples Democratic Party and paragraph 23(a) and (b) of the Party's Electoral Guidelines for primary elections in his bid to rejoin the …