ABUBAKAR MAHMUD WAMBAI V. DR. KIZAYA DONATUS, INDEPENDENT NATIONAL ELECTORAL COMMISSION & CONGRESS FOR PROGRESSIVE CHANGE (CPC)

ONNOGHEN JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Yola Division of the Court of Appeal delivered on 29 November 2012 in appeal No. CA/YL/44/2011 in which the court allowed the appeal of the 1st respondent against the ruling of the trial court in suit No. FHC/YL/CS/29/2011 delivered on 27 August 2011 in which the court held that it has no jurisdiction to hear and determine the suit as constituted. The 1st respondent instituted the action in the Federal High Court, Holden at Yola claiming the following reliefs:-

“1. The plaintiff was the duly nominated candidate and flag-bearer of the Congress for Progressive Change (CPC) for the election into the Federal House of Representatives held on 9 April 2011 for Mubi North/Mubi South/Maiha Federal Constituency of Adamawa State.

2. After the election, the 1st defendant instead of returning the plaintiff as the winner of the election purportedly returned the 2nd respondent, on the purported ground that the p…