DALHATU M. SAKI V ALL PROGRESSIVE CONGRESS (APC)

Issue:

The facts in this appeal border on the primary election conducted for Kogi Central Senatorial District to which both the appellant and the 2nd respondent claimed to have won. While the appellant claimed to have won with 937 votes and was declared winner, the 2nd respondent also stated that he too won the primary election and was consequently declared the winner. Dissatisfied by the decision of the 1st respondent in forwarding the name of the 2nd respondent to the 3rd respondent, he approached the trial court by way of originating summons challenging the said forwarding of the name of the 2nd respondent to the 3rd respondent as the candidate of 1st respondent at the General Election. Meanwhile, all the respondents challenged the jurisdiction of the court on the ground that the action was statute barred. The argument on the preliminary objection was taken and the trial court held that it had no jurisdiction to hear the suit and did not proceed to hear the suit on the merit. Peeved by the decision of the trial court, the appellant appealed against the decision of trial court before the lower court albeit unsuccessfully. Further aggrieved, he appealed to the Supreme Court.