CaseLaw
Azubuogu V. Oranezi (2017) CLR 7(a) (SC)
Judgement delivered on July 12th, 2017
Brief
Facts
This is an appeal against the decision of the Court of Appeal, Enugu Division, hereinafter referred to as the lower Court, in appeal No. CA/E/207/2015. The decision appealed against was delivered on 4th February, 2016. A brief summary of the facts that brought about the appeal is hereinafter supplied.
The 1st respondent herein, Hon Dr. Harry Oranezi, as Plaintiff at the Federal High Court sitting at Awka, hereinafter referred to as the trial Court, initiated suit No. FHC/AWK/CS/24/2015 against the appellant and five others as defendants seeking, on the basis of votes he avers in his writ to have scored in the 2nd respondent's primary election conducted on the 7th December, 2014, declaratory and injunctive reliefs to the effect that he is the party's candidate for the Nwewi North/South/Ekwusigo Federal House of Representatives Constituency in the Federal House of Representative election scheduled for 14th February, 2015. He is entitled to the reliefs, he further asserts, by virtue of Section 87(a) (c) of the Electoral Act 2010 (as amended) as well as 2nd respondent's Electoral Guidelines for Primary Elections 2014.
In its ruling delivered on 19th March 2015, the trial Court sustained the objections of the defendants to the competence of the suit, declined jurisdiction and struck out 1st respondent's suit.
Aggrieved, the 1st respondent appealed to the lower Court whereat, in upholding the appeal and setting aside the trial Court's ruling, the suit was remitted to the trial Court for same to be heard and determined by a Judge other than M. L. Abubakar J.
Dissatisfied with the lower Court's judgment, the appellant has appealed to this Court
Issues
Whether the lower Court is right in finding that the trial Court has jurisdiction...