JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court Abuja in Suit No:- FHC/ABJ/CS/287/07 - CHIEF UFIKAIRO MONDAY EFET V. (1) INDEPENDENT NATIONAL ELECTORAL COMMISSION (2) PEOPLES DEMOCRATIC PARTY (3) HON. CHARLES MBONG, delivered on the 31st day of October 2007 wherein the Court dismissed the Plaintiffs (now Appellant's) claim for failure to commence the suit timeously.
Briefly, the facts of the case are that the Appellant and the 3rd Respondent contested the primaries of the Peoples Democratic Party (PDP) i.e. the 2nd Respondent for the Ikot Abasi/Eastern Obolo State Constituency in the Akwa Ibom State House of Assembly.
Both the Appellant and the 3rd Respondent claimed that they won the December 2006 primary election conducted. The Appellant claimed that his name was submitted to the Independent National Electoral Commission (INEC) i.e. 1st Respondent but was later surreptitiously substituted with the name of …