AYOBODE O. LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The 1st and 2nd Respondents (as 1st and 2nd Plaintiffs) commenced in the Federal High Court an action by Originating Summons against (i) Independent National Electoral Commission; (ii) Prof. Maurice Iwu; and (iii) Senator Effiong Bob. The questions posed for the determination of the Federal High Court (hereinafter simply referred to as "the lower court") are as follows: -
"1. Whether having regard to the clear provisions of Sections 65 and 66 of the Constitution of the Federal Republic of Nigeria, 1999 the 1st plaintiff is qualified to contest election into the Senate of the Federal Republic of Nigeria.
2. Whether as a member of the Peoples Democratic Party and having contested the primaries of the said Party seeking nomination as 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 w…