JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court, Enugu, delivered on the 5th day of April 2007 in Suit No:FHC/EN/CS/56/2007: Honourable Gozie Agbakoba V. Independent National Electoral Commission (INEC) and 2 Others.
By an Amended Originating Summons the Plaintiff now Appellant claimed against the Defendants now Respondents as follows:-
"(1) A Declaration that the 1st Defendant's statutory power to substitute a nominated candidate of a political party under Section 34 of the Electoral Act 2006, is qualified and not absolute.
(2) A declaration that the 1st Defendant has no power to substitute a nominated candidate of a political party less than 60 days to the election when the candidate is not dead.
(3) A declaration that the 1st Defendant cannot substitute a nominated candidate of a political party in the absence of cogent and verifiable reasons.
(4) A declaration that in view of Section 36 of the 1999 Co…