ENDAZO
V.
RIJAU & ORS

(2021) JELR 109223 (CA)

Court of Appeal · CA/ABJ/CV/153/2021 · 31 Mar 2021 · Nigeria

CORAM

Uchechukwu Onyemenam, JCA Stephen Jonah Adah, JCA Elfrieda Oluwayemisi Williams-Dawodu, JCA

Core Terms ^Beta

bye-election

learned counsel

appellant

court

1st respondent

learned trial judge

general election

2nd respondent

fresh bye-election

3rd respondent

1st defendant

election tribunal

re-run election

general elections

originating summons

substantive matter

1st respondent’s brief

3rd respondent’s brief

court of coordinate jurisdiction

election of 14th march

paragraphs b

5th february

appellant’s brief

decision of an election tribunal

election of 6th february

grounds of appeal

independent national electoral commission

view of the fact

1st respondent’s notice

2nd respondents brief of argument

2nd respondent’s candidate

3rd respondents’ briefs

3rd respondent’s counsel

above decision of the trial court

appellant’s case

appellant's suit

court lacks

election ought

facts of the instant case

leading judgment

mr. chris osuagwu

nwlr page

paragraphs of the appellants deposition

preliminary objection of the 1st defendant

re-run election of magama

rijau federal constituency

said 1st respondent’s brief

said 3rd respondent's brief

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The Appellant initiated this appeal against the judgment of the Federal High Court Minna Judicial Division, delivered on 5th February, 2021 by A. B. ALIYU, J. in SUIT NO: FHC/MN/CS/45/2020.

The Appellant’s case was commenced by Originating Summons filed on 24th December, 2020. The 1st Respondent filed a Notice of Preliminary Objection on 26th January, 2021.

The learned trial Judge on 5th February, 2021 declined jurisdiction to entertain the Appellant's suit and held as follows:

“The learned counsel for the Plaintiff contended that the election of 6th February, 2021 owes its origin to the general election of 2019 and therefore, the 1st Defendant who did not participate in the 2019 election ought to be disqualified. With greatest respect to the learned counsel for the Plaintiff, this argument is misconceived. It is abundantly clear that the 1st Defendant participated in the election of 14th March, 2020 which was subject of lit…

ENDAZO V. RIJAU & ORS

ENDAZO
V.
RIJAU & ORS