CaseLaw
Engr. Daniel V. INEC & Ors. (2015) CLR 3(g) (SC)
Judgement delivered on March, 27th 2015
Brief
Facts
The Peoples Democratic Party (PDP) held its primary election where the 3rd respondent and other party members’ participated. However, the said election was marred with irregularities which prompted the cancellation of results that emerged from same. Hence, a new date for fresh primary election was fixed.
Consequently, the 3rd respondent emerged winner and upon dissatisfaction by the appellant, an originating summons was filed.
The 2nd and 3rd respondent filed counter-affidavit followed by a preliminary objection to strike out the suit. The trial judge dismissed the appellant’s suit accordingly based on lack of Locus standi to sue.
An appeal was filed to the Court of Appeal Tur JCA agreed with the learned trial judge that the appellant did not have locus standi to sue while the other two justices were of the view that the appellant had locus standi. There was unanimity that the appellant’s claim be dismissed which was done.Upon dissatisfaction by the appellant, 2nd and 3rd respondents respectively, the appellant filed an appeal whilst 2nd and 3rd respondents filed preliminary objections against the appeal and cross appeals.