(2021) JELR 109218 (CA)    
Court of Appeal  ·  CA/ABJ/CV/152/2021 ·  31 Mar 2021 ·  Nigeria
Uchechukwu Onyemenam, JCA Stephen Jonah Adah, JCA Elfrieda Oluwayemisi Williams-Dawodu, JCA

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The Appellant brought 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 at the trial Court was commenced by originating summons filed on 24th December, 2020 wherein the 1st Respondent filed a notice of preliminary objection dated 26th January, 2021.

The learned trial Judge on 5th February, 2021 declined jurisdiction to entertain the Appellants 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, 20…

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