As could be gleaned from the record of appeal, the originating Summons filed by the plaintiff at the trial Federal High Court clearly shows that the primary election was held on 2nd October 2018 in which the 1st Respondent was declared winner of the primary election by INEC, (the 3rd Respondent). To my mind, that was the day when the cause of action arose. Also as clearly shown by the record, the action that culminated into this appeal was filed on 11th December 2018.

By the provisions of Section 285 (9) of the 1999 Constitution as amended, such action is supposed to be filed on or before 14 days from the date of the happening of the cause of action i.e. 2nd October 2018.

The action filed vire the originating summons was therefore filed outside the 14 days stipulated by the said provisions. That being the case, the trial Court was bereft of jurisdiction to entertain and determine the suit, same having been filed out of time. Therefore, the originating summons was right from the out set and incompetent.

It goes without saying therefore that since the originating summons is incompetent, the Judgment of the trial Court was given without jurisdiction as it is a nullity as it was given by the trial Court which is bereft of jurisdiction.