SANUSI JSC (Delivering the Lead Judgment): At the court of Appeal, Abuja Division, an appeal was lodged against the judgment of the Federal High Court concerning the nomination of the first appellant in suit No. FHC/CS/ABJ/1087/2015. The suit was thereafter transferred to the Ado-Ekiti Division of the Federal High Court (“the trial court” for short) which struck out the suit for want of jurisdiction on 25 March 2015. A The first respondent thereafter filed another suit No. FHC/ AD/CS/16/2015 (which crystallised into the present appeal) on 26 March 2015 vide an originating summons.
The second respondent filed a counter affidavit to the originating summons and also raised preliminary objection challenging the competence of the suit on the grounds, inter alia , that the suit earlier filed in Abuja Federal High Court No. FHC/CS/ABJ/1087/2014 constituted res judicata and that same, was caught by the provisions of Public Officers Protection Law.The trial court took arguments on the o…