IGNATIUS IGWE AGUBE J.C.A. (Delivering the Lead Ruling): At the Enugu Judicial Division of the Federal High Court, before the Honourable Justice A.R. Mohammed, the Plaintiffs/Applicants as members of the Executive Committee of the Peoples Democratic Party (PDP) Enugu State initiated proceedings in Suit No. FHC/EN/CS/298/2010 and in their endorsements on the Writ of Summons and Statement of Claim dated and filed on the 18th day of October, 2010, supplicated for declaratory and injunctive reliefs against the Defendants/Respondents, couched in the following terms:-
a) A DECLARATION that the 1st Defendant as an executive, non-judicial agency of Government does not have the power, under the provisions of the Electoral Act, 2006 and/or the Electoral Act 2010 and/or the Independent National Commission Act Cap. 15 L.F.N. 2004 and/or the Constitution of the Federal Republic of Nigeria, 1999 and/or any other legislation, to a State Executive Committee of a political party illegal or illegally c…