ABUBAKAR SADIQ MOHAMMED V. HON.ABULLAHI MOHAMMED WAMMAKO ALL PROGRESSIVE CONGRESS (APC) INDEPENDENT NATIONAL ELECTORAL COMISSSION (INEC)

NWEZE JSC (Delivering the Lead Judgment): The appellant and the first respondent, members of the second respondent, APC, are of the same Kware/Wammako Federal Constituency, Sokoto. The first respondent contested and won election to represent the said constituency at the House of Representatives, between 2011-2015.

At the court of trial, the appellant entreated it by originating summons for declaratory and injunctive reliefs. In sum, his A complaint was woven around false declaration as to the acquisition of certificates. Upon a preliminary objection on jurisdiction, the trial court upheld the objection and struck out the suit for the non-disclosure of reasonable cause of action and for being an abuse of the process of the court.

The appellant appealed to the Court of Appeal. He however, did not challenge the ratio decidendi on the question of the absence of reasonable cause of action and the issue of the abuse of the process of the court. In its judgment, the lower courtupheld the rulin…