JOSEPH TINE TUR, J.C.A (Delivering the Leading Judgment): The appellant and the 3rd respondent are registered members of the Action Congress of Nigeria (2nd respondent).
The 2nd respondent was to conduct primaries on the 11th and 12th January, 2011 to elect a candidate to represent her at the elections to be held in April, 2011 for the House of Representatives and the Senate respectively. Appellant's case is that he obtained forms from the 2nd respondent to contest the Cross River State Central Senatorial District having paid the requisite fee of N600, 000.00. At the primaries held on 11th and 12th January, 2011 he emerged the winner but the 2nd respondent forwarded the name of the 3rd respondent who never participated at the primaries to the 1st respondent namely, the Independent National Electoral Commission. Being aggrieved the appellant instituted an Originating Summons in the Federal High Court, Calabar, Cross River State on 3rd day of February, 2011 supported by affidavit and do…