ABDU ABOKI J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Enugu determined by Hon. Justice A.O. Faji but delivered on 15th May, 2008 by Hon. Justice P.F. Olayiwola, consequent upon the transfer of the learned trial Judge A.O. Faji J. to Federal High Court Yenagoa.
The lower court in its judgment dismissed the preliminary objection raised by the Respondents' against the propriety of the suit and the main suit.
The Appellant commenced the suit at the Lower Court by an Amended Originating Summons dated. 29th November, 2007, the Appellant sought six (6) Declaratory reliefs and two orders which are adumbrated as follows:-
1. A DECLARATION that the 1st Defendants 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 d…