CORAM

PARTIES

HON. KHAMISU AHMED MAILANTARKI APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

 The Appellant together with the 1st Respondent contested in the primary election of the 2nd Respondent, the All Progressives Congress (APC) for the nomination of candidate for the Gombe/Kwami/Funakaye Federal Constituency. The election was observed by the 3rd Respondent (INEC) as required by the Electoral Act, 2010. The 1st Respondent was declared as the winner of the primary election and his name was forwarded to the 3rd Respondent as its candidate. Dissatisfied with the result of the primary election, the Appellant challenged the primary election before the National Assembly Election Appeal Committee of the APC, on the ground that the 1st Respondent as at the time of the election was still a card carrying member of the Peoples Democratic Party (PDP) and has not rescinded his membership as he still retained his seat in the Gombe House of Assembly on the platform of the Peoples’ Democratic Party (PDP). The Committee after investigation, found that the 1st Respondent was still a PDP member as at the time of the election and consequently recommended that the ticket be withdrawn from the 1st Respondent and also that Appellant be allowed to re-contest. Notwithstanding the findings and recommendations of the Appeal Committee, the APC forwarded the name of the 1st Respondent to the Independent National Electoral Commission (INEC) as its candidate at the election hence the Appellant instituted an action at the High Court of the Federal Capital Territory by originating summons seeking declaratory reliefs. The 1st Respondent consequently filed a preliminary objection challenging the jurisdiction of the court to hear the matter. The trial Court dismissed the preliminary objection and held in favour of the Appellant after considering the arguments of parties. Aggrieved, the 1st Respondent appealed to the Court of Appeal which found that the FCT High Court had no jurisdiction to hear and determine the suit of the Appellant as the cause of action accrued to him in Gombe State outside the Federal Capital Territory and consequently allowed the appeal. This appeal by the Appellant is against the decision of the lower court.

HELD

Appeal Dismissed

ISSUES

?    Whether the Court of Appeal was correct when it held that the trial court lacked territorial jurisdiction to hear and determine the suit; and?    Whether, in view of the pronouncements of this Court in Dalhatu V. Turaki (supra); APGA v. Anyanwu (supra) and Anyanwu V. Ogunewe (supra) the claims/reliefs of the Appellant, as the plaintiff, are justiciable?”

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999 (as amended)

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