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…

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