HARUNA SIMON TSAMMANI, JCA (Delivering the Leading Judgment): This appeal is against the Judgment of the Federal High Court delivered by Inyang Ekwo, J on the 8th day of March, 2022 in Suit No: FHC/ABJ/CS/920/2021.
By an Originating Summons which was filed on the 17th day of August, 2021, the 1st Respondent who was the Plaintiff propounded the following questions for the determination of the court below:
Whether upon a proper construction of Section 1(1), Section 1(2), 179 (2) and 187 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and in view of the fact that Nigeria is a Constructional democracy, the Ebonyi State of Nigeria can be governed (other than during emergency as defined by the Constitution) by any political party or by a person on the platform of a political party other than the political party with the majority vote at a gubernatorial election held or conducted by the 1st Defendant for the State.
Whether having regard to the combined reading of t…