A. I. KATSINA-ALU, JSC (Delivering the Leading Judgment): My Lords, this appeal concerns the disqualification of Alhaji Atiku Abubakar, Vice-President of the Federal Republic of Nigeria as a candidate or any other candidate for the 2007 general elections. By an originating summons issued in the Federal High Court Abuja on 10 January, 2007, in which the Action Congress and Alhaji Atiku Abubakar were named as plaintiffs and Independent National Electoral Commission (INEC) as defendant, the plaintiffs applied for the determination of the following questions:
1. Whether the defendant has powers under the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and the Electoral Act, 2006 to conduct any verification of the credentials/papers and/or screening out and/or disqualifying candidates including the 2nd plaintiff for the 2007 general elections.
2. Whether by the provisions of the Third Schedule to the Constitution of the Federal Republic of Nigeria, Item 15 paragraph (…