CaseLaw
Senator Dahiru Vs. APC (2016) CLR 12(a) (SC)
Judgement delivered on December 9th 2016
Brief
Facts
The appellants as plaintiffs at the Federal High Court sitting at Abuja, hereinafter referred to as the trial court, took out an originating summons against the defendants, the respondents herein, challenging the primary election that led to the nomination and sponsorship of the 3rd respondent by the 1st respondent to contest the Sokoto State Gubernatorial election held on the 11th April 2015.
The respondents challenged the jurisdiction of the trial court to proceed primarily because the 2nd respondent's conduct of the Sokoto State Gubernatorial election and return of the 3rd respondent as the winner thereof had rendered appellants' action academic and worthless.
In a well considered decision dated 26th May 2015, the trial court overruled the preliminary objections severally raised by the respondents and concluded that it has jurisdiction to hear and determine appellants' cause of action.
Dissatisfied with the ruling, the respondents appealed to the Court of Appeal, Abuja Division, hereinafter referred to as the lower court. In its judgment delivered on the 21st December 2015, the court found merit in the appeal and allowed same.
Aggrieved, the plaintiffs at the trial court have appealed against the lower court's judgment to this Court.