The 2nd Respondent in this appeal is a political party duly registered with the 3rd Respondent under the provision of Section 78(1) of the Electoral Act 2010 (as amended). The Appellant and the 1st Respondent are registered members of the 2nd Respondent. They both reside and are indigenes of Akoko-Edo Federal Constituency of Edo State. In order to elect or nominate its candidate that will participate in the 2019 general elections, the 2nd Respondent conducted its primary election to nominate its candidate to represent Akoko-Edo Federal Constituency on the 6th October, 2018. The Appellant and the 1st Respondent among others were contestants in that primary election.
At the end of the primary election and collation of the result, the 1st Respondent herein claimed that he won the election, but the name of the Appellant was forwarded to the 3rd Respondent by the 2nd Respondent as its candidate for the 2019 general elections. Being aggrieved with the decision of his party, the 2nd Respondent, the 1st Respondent as plaintiff at the trial Court, by a writ of summons and a statement of claim which were both filed at the Federal High Court Benin, on the 19th of October, 2018 claimed the following reliefs:
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a
A DECLARATION that the Plaintiff by virtue of being the person who scored the highest votes cast at the 2nd defendant's primaries election conducted in Akoko-Edo Federal Constituency on the 6th day of October, 2018 and having been declared as the winner by the Returning Officer, is the duly nominated candidate of the 2nd defendant for Akoko-Edo Federal Constituency Election and he is entitled to have his name forwarded to the 3rd defendant as the candidate of the 2nd defendant in the general election in Nigeria in 2019.
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b
AN ORDER on the 2nd defendant to withdraw the name of the 1st defendant and submit the name of the plaintiff lo the 3rd defendant as its candidate for the Akoko-Edo Federal Constituency election coming up in 2019 in Akoko-Edo Federal Constituency
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c
AN ORDER directing the 2nd and 3rd defendants to accord recognition to the plaintiff as the 2nd defendant's candidate for Akoko-Edo Federal Constituency Election slated for 2019.
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d
AN ORDER of perpetual injunction restraining both the 2nd and 3rd defendants from recognizing, dealing with the 1st defendant as the candidate of the 2nd defendant in the General Elections in 2019 in the Akoko-Edo Federal Constituency, not being the person who won the primaries election of the 2nd defendant conducted on the 6th day of October, 2018.
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e
AN ORDER of this Honourable Court that if at the date of delivery of the judgment of this Court in this suit, the general election for the seat of member representing Akoko-Edo Federal Constituency in the House of Representatives has already been conducted, the plaintiff be declared as the person duly elected on the platform of the 2nd defendant representing Akoko-Edo Federal Constituency, Edo State and further that the 3rd defendant withdraw any certificate of Return which might have been issued to the 1st defendant and forthwith issue the Certificate.
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f
AN ORDER of this Honourable Court that if at the date of delivery of the judgment of this Court in this suit, the P1 defendant has already participated in the election and been elected are the Member Federal House Representatives in the National Assembly representing Akoko-Edo Federal Constituency, that all the salaries, emoluments, allowances and all other monies payable to the Member of House of Representatives, representing Akoko-Edo Federal Constituency, Edo State, which have been received by the 1st defendant, be forthwith refunded to the National Assembly by the 1st defendant and that the same amount of money be paid to the plaintiff as the duly elected Member Federal House Representatives in the National Assembly representing Akoko-Edo Federal Constituency.
1st and 2nd Respondents who were 1st and 2nd Defendants at the trial Court filed their respective memorandum of appearance and their statements of defence. Issues having been joined, the matter, after resolution of preliminary matters, was set down for trial. Parties called witnesses and tendered documents in support of their respective cases. At the end of the trial, and in a reserved and considered judgment delivered on the 21st of February, 2019. Umar. J. struck out the 1st Respondent's case for lack of jurisdiction, on the ground that he had not exhausted the internal remedy of his party.
The 1st Respondent was not satisfied with the decision of the trial Court and he therefore appealed to the Court of Appeal (lower Court) Benin Division. The lower, Court heard the appeal, and in a unanimous decision, (Coram Nwosu Iheme, P. M Ekpe and M.A.A Adumein JJCA) allowed the appeal. The judgment of the trial Court was set aside. Because of the time constraints, the lower Court assumed jurisdiction and determined the case on the merit in favour of the Respondents. The present appellant became aggrieved and has therefore brought this appeal.
Whether the lower Court was. right in holding that Hon. Sufiyanu...
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