Judgment
RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Port Harcourt Judicial Division dismissing the Suit of the Plaintiff on the ground that it lacked the jurisdiction to entertain the matter. The Court below held that the Plaintiff is not an Aspirant, that the suit is premature, that the Plaintiff did not explore internal dispute mechanism of the 1st Defendant. That the Plaintiff signed an undertaking, therefore, he is estopped from litigating on the matter. Consequently, that the Court lacks jurisdiction.
Dissatisfied, the Plaintiff has appealed to this Honourable Court on Seven (7) Grounds of Appeal and has distilled five (5) issues for determination. The decision appealed against was delivered on the 16th day of September, 2022 by Hon. Justice A. T. Mohammed in Suit No. FHC/PH/CS/72/2022 on a pre-election matter. The Notice of Appeal dated 20th September, 2022 was filed on the 26th day of September, 2022 at the lower Court contained on pages 548-565 of the record of appeal transmitted to the Court of Appeal on 30th September, 2022.
Therein contained the reliefs sought by the Appellant from pages 562 – 564 of the record. The Appellant filed both Appellant’s Brief and Appellant’s Reply Brief on the 11/10/2022 and 26/10/2022 respectively. The said Reply Brief was deemed properly filed and served on 1/11/2022. The 1st – 4th Respondents filed their Brief of Argument on the 24/10/2022. The 5th – 8th Respondents did not file briefs even though served with the Appellant and 1st – 4th Respondents’ Briefs. The appeal was heard on the 01/11/2022. Joseph Elleh Esq., who settled both Appellant’s Briefs appeared with C. I.
Obimba Esq., for the Appellant and he identified the two briefs which he adopted as their argument in this appeal. He then urged the Court to allow the appeal, set aside the judgment of the lower Court and to enter judgment in favour of the Appellant by considering his Amended Originating Summons and grant all the reliefs sought therein. E. C. Ukala, SAN who appeared with M. S. Agwu Esq., and O. Omeodu Esq., for the 1st – 4th Respondents, identified the 1st – 4th Respondents’ brief settled by Okachukwu Omeodu Esq., and adopted it as their response in the appeal.
