This appeal is against the judgment of the Court of Appeal Holden at Abuja in appeal No. CA/A/255/2015 delivered on the 4th day of February, 2016 in which the Court dismissed the appeal of appellant against the judgment of the Federal High Court Holden at Minna in suit No. FHC/MN/CS/EPT/35/2014 delivered on the 25th day of March, 2015 whereby the Court struck out the pre-election suit of the appellant, then plaintiff, on grounds of lack of locus standi.

The action was a pre-election matter in which appellant challenged the outcome of the primary election conducted by the All Progressive Congress (A.P.C.) for the nomination of its Governorship candidate in Niger State for the recently conducted 2015 general election.

Appellant is a card carrying member of the All Progressive Congress (A.P.C.) political party who desired to contest nomination of the party as the gubernatorial candidate for the Niger State Governorship election of 2015. He obtained the nomination Form, Zonal clearance and Expression of Intent Forms in accordance with the provisions of the All Progressives Congress (hereinafter referred to as A.P.C.) Constitution and Guidelines for Nomination of Candidates for Public Offices. The above named forms were exhibited to the affidavit in support of the Originating Summons and marked Exhibits A, and 'C' respectively.

However, appellant did not participate or contest as a candidate at the A.P.C. primary election for the nomination of its governorship candidate for the said election held on the 4th day of December, 2014. Appellant was dissatisfied with the outcome of the primary election particularly as he felt wrongly excluded in the contest and consequently instituted an action at the Federal High Court, Minna wherein appellant also sought several reliefs.

However, the 1st and 2nd respondents jointly filed a conditional appearance and preliminary objection to the suit on grounds of lack of locus standi and jurisdiction of Court which was duly upheld by the trial judge in the judgment delivered on the 25th day of March, 2015 which resulted in the appeal to the lower Court earlier referred to in this judgment and which appeal was dismissed. The instant appeal is a further appeal by appellant.