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AMIRU SANUSI OFR, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court, Abuja Division (the lower court) delivered on the 16th June, 2011 by A. Abdu-Kafarati J., wherein the lower court struck out the suit filed before it after upholding the preliminary Objection filed by the first respondent. The Appellant herein, was plaintiff at the lower court who took a writ of summons against the present three respondents as defendants thereat.
The brief facts of the case as gleaned from the record are that the Plaintiff and first defendant (now appellant) and 1st Respondent respectively along with five other persons participated in primary election conducted by the second defendant (PDP) (now 2nd Respondent) on 7/1/2011 to nominate its candidate to contest election on its ticket for membership of House of representatives for Anocha-Oshimili Federal Constituency of Delta State in the April 2011 general election.
After the conduct of the said elect…