JOHN AFOLABI FABIYI, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division (the court below) delivered on March 15, 2012. Therein, the Ruling of the trial High Court of Rivers State, Port Harcourt, per Aprioku, J. delivered on February 14th, 2011 was set aside.
It is apt to state the brief facts concerning this appeal. In March 2008, the 2nd respondent conducted the Local Government Election in Rivers State. One Hon. Chris Ochije emerged as the Chairman and 17 others were elected as Councilors from each of the 17 Wards in Ogba/Egbema/Ndoni Local Government Area of Rivers State. They were to hold office for three (3) years. The Rivers State House of Assembly dissolved the said Local Government Council upon the request of the Executive Governor of Rivers State. A caretaker committee was set up to over-see the affairs of the Council pending the conduct of a bye election.
On March 3, 2010, the 2nd respondent conducte…