KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Awka Division delivered on 18/2/2022 wherein the court overruled the decision of the trial court declining jurisdiction to hear the suit on the ground that it was statute barred and that the issue in contention was not justiciable, as it relates to the internal affairs of the party. The court below held that the complaint before the trial court was against the primary election held on 23rd June 2021 and not the failure to hold ward congresses on 15th and 16th June 2021 (which would have qualified as the internal affair of the party). It held that in the circumstances, the suit, which was filed on 5/7/2021 was filed within the time stipulated in Section 285(9) of the 1999 Constitution, as amended. The appeal was allowed on that ground.
The court however held that it could not remit the case to the trial court to be heard on its merit because the 180…