Before Their Lordships
ISAIAH OLUFEMI AKEJU, Justice of The Court of Appeal
CORDELIA IFEOMA JOMBO-OFO, Justice of The Court of Appeal
ABUBAKAR MUAZU LAMIDO, Justice of The Court of Appeal
Between
MR. LYON DAVID PEREWORINIMI Appellant
And
1. SENATOR HEINEKEN LOKPOBIRI
2. ALL PROGRESSIVE CONGRESS (APC)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) Respondents
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AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the Federal High Court holden at Yenagoa Bayelsa State delivered on the 14th day of November, 2019 in Suit No FHC/YNG/CS/100/2019 commenced by the 1st Respondent through the originating summons filed on 18/9/19 with the supporting affidavit and documents for declaratory and injunctive reliefs as on pages 163 – 1252 of Vol. 1 of the Record of proceedings. In the judgment now on appeal, the lower Court had nullified the entire primary election of the 2nd Respondent held on 4th September, 2019 in Bayelsa State.
The Appellant and the 1st Respondent are members of the 2nd Respondent a political party, the All Progressive Congress, and it is mutually accepted by parties in this appeal that the appellant and the 1st Respondent contested the Governorship primary election conducted by the 2nd Respondent on 4th September, 2019 to nominate its candidate for the 2019 election to the office of governor of Bayelsa State, and at the end of the primary election the Appellant was announced as the winner thereof. Being dissatisfied with such announcement or declaration, the 1st Respondent commenced the suit No FHC/YNG/CS/100/2019 at the Federal High Court, Yenagoa (hereinafter called the lower Court) challenging the return of the Appellant.
At the lower Court, the Appellant contested by way of applications the jurisdiction of the Court on ground that the action was statute barred among other challenges. The lower Court heard and overruled the applications and nullified the entire primary election of the 2nd Respondent for non-compliance with the relevant laws and Guidelines.
Being dissatisfied with the decision of the lower Court, the Appellant commenced this appeal and in the Appellants Brief of Argument filed on 27/11/19 and endorsed by M. J. Nduma Esq., who also adopted same at the hearing of the appeal, the Appellant raised issues for determination as follows:
