This is an appeal against the Judgment of the Court of Appeal, Holden at Yola in appeal No.CA/YL/15/2012 delivered on the 26th day of February, 2013 in which the Court dismissed the appeal of appellant against the decision of the Federal High Court Holden at Yola in suit No.FHC/YL/CS/50/2011 delivered on 20th January, 2012 dismissing the claims of appellant, then plaintiff before the Court following a preliminary objection raised by the 1st respondent challenging the jurisdiction of the Court to hear and determine the claims.

The facts of the case have been stated in detail in the lead Judgment of my learned brother, AKA'AHS, J.S.C. just delivered and they include the following:

The appellant was desirous of contesting the gubernatorial election into the office of Governorship of Adamawa State and consequently obtained an Expression of Interest Form as well as a nomination form, all from the 2nd respondent, Peoples Democratic Party but did not pay the prescribed fees for same. Appellant also failed to participate in the gubernatorial primary election of the 2nd respondent conducted on the 24th day of October, 2011. Appellant did not like the processes leading to the conduct of the said primary election and consequently caused to be issued, a writ of summons against the respondents in which he contended that the gubernatorial primary election so conducted by 2nd respondent was void by reason of the fact that the membership revalidation exercise carried out by the Adamawa State Chapter of the 2nd Defendant in October, 2011 was discriminatory because known supporters of appellant were excluded.

It is also the contention of appellant that his supporters were denied the opportunity of participating in the nomination exercise by the refusal to sell Delegate Nomination Forms to them; that no valid notice was given to him as an aspirant, or to his Campaign Organisation or to his supporters on the date of the Ward Congress of the 2nd respondent which was purportedly held on 21st October, 2011.

Following the service of the processes on him the 1st respondent filed a Notice of Preliminary objection in which he challenged the jurisdiction of the Court on the ground, inter alia, that the complaints of appellant were not envisaged by the provisions of Section 87(9) of the Electoral Act, 2010, as amended.

The objection, as stated earlier in this Judgment, was upheld resulting in an appeal to the Lower Court which was dismissed for lack of merit culminating in the instant further appeal.