JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Enugu Division (“the lower Court”) delivered on 17/11/2022 by Ogunbanjo, J. in Suit No. FHC/EN/101/2022 declining jurisdiction to entertain the suit of the appellant and dismissing the same on the basis that the action was statute-barred.
Aggrieved by the decision, the appellant filed a notice of appeal against the same on 29/11/2022.
The facts of the case leading to this appeal are that the appellant and the 1st respondent are members of the 2nd respondent, a political party registered in Nigeria. The 1st respondent was the Chief of Staff to the Governor of Enugu State and therefore a political office holder. The two of them, apart from others, contested the primary election of the 2nd respondent for the nomination of its candidate to contest for the Udi/Ezeagu Federal Constituency in the general election that is scheduled for sometime in 2023.
The 1st respondent w…