By Kingsley Ehens
The Court of Appeal sitting in Abuja has dismissed Philip Shaibu’s appeal in a suit where he challenged his candidacy at the Abuja Federal High Court, which was also dismissed.
Below are the resolutions of the court;
Issues 1 & 2 arose as a result of the Preliminary Objection filed by the Respondents on locus standi and cause of action.
Resolution of Issues;
Issue 1 predicated on locus standi is resolved against the Respondent and in favor of the Appellant as the Appellant had the locus standi to institute the action
On Issue 2;
The trial court held that the Appellant did not satisfy the condition precedent before (internal dispute resolution mechanism) before instituting the action therefore the suit was premature.
The Appellant failed to comply with provisions of Article 9 (g) (h) (i). NYAME V. INEC condition precedent must be complied with before filing an action.
Failure to comply with the provision of Article 9 (g), (h) and (i) is not one that can just be glossed over as it goes to the issue of jurisdiction. The suit is premature. The position of the lower court is unassailable. Therefore the issue is resolved against the Appellant and in favor of the Respondents.
Details soon…
