W.S.N. ONNOGHEN, J.S.C. (Delivering The Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Kaduna in appeal No. CA/KD/78/08 delivered on the 22nd day of April, 2009 in which the court dismissed the appeal of the appellant against the judgment of the Federal High Court, Holden at Kaduna in suit No. FHC/KDS/CS/162/2007 delivered by that court on the 14th day of December, 2007, striking out the suit of the appellant, as plaintiff for lack of jurisdiction.
The facts of the case include the following; On the 13th day of December, 2006, the 2nd respondent conducted its primary election to select/nominate its candidate for the Gubernatorial election for Niger State scheduled for April, 2007 which election was won by the appellant, as a result of which his name and particulars were forwarded by the 2nd respondent to the 3rd respondent as the sponsored candidate of the 2nd respondent for the Niger State Governorship Election so scheduled. The 1st respon…