MUHAMMAD, J.C.A. (Delivering the Leading Ruling): The applicants herein i.e. Chief Imeh Albert Akpan and Otu Ita Toyo took out an originating summons before the Federal High Court, Abuja for the determination of the following questions:-
"1. Whether having regard to the clear provisions of Sections 65 and 66 of the Constitution of the Federal Republic of Nigeria, 1999 the plaintiff is qualified to contest election into the Senate of the Federal Republic of Nigeria.
2. Whether as a member of the People Democratic Party and having contested the primaries of the said party seeking nominations the party's candidate for the April 2007 general elections in respect of Akwa Ibom North East Senatorial district, and having polled over 60% of the total votes cast at the said primaries which led to his being declared as the winner of the said primary election and consequently issued with a certificate of return by the peoples party with a further correspondence from the Peoples Democratic Party…