OPIA
V.
INEC & ANOR
·
SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Owerri Division, which had struck out the Appellant/Originating Summons on the grounds that it lacked jurisdiction to entertain same.
Dissatisfied with the aforesaid Judgment, Appellant has further appealed to this court on 4 grounds of appeal, which without their particulars read thus:
"1. GROUND 1: ERROR IN LAW
The Court of Appeal erred in law when it held as follows:
The Learned trial Judge was thus right to have upheld the 2nd Respondent's Notice of Preliminary Objection dated 13th June, 2011 and struck out the Appellant's Amended Originating Summons filed on 6th June, 2011. Accordingly, this appeal lacks merit and it is accordingly dismissed.
GROUND 2: ERROR IN LAW
The Court of Appeal erred in law when it held thus:
The Appellant in this case was a party in an election and his political party (PDP) participated in the State House of Assembly election afores…