NZEAKO, J.C.A. (Delivering the Leading Judgment): On 25th June, 2004, Juddum Mohammed, J., delivered a ruling in favour of the plaintiff who is the respondent in this appeal. The learned trial Judge granted the reliefs sought in the plaintiff's originating summons. Dissatisfied, the defendants appealed to this court.
Set out hereunder are the questions for determination by the court in the originating summons of the respondent, together with the reliefs sought, the statement of facts and particulars in support of the application.
The application of the plaintiff is for the determination of the following questions:-
"1. Whether having regards to S. 197(i)(b) and paragraphs 3 and 4(a) Part II of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999, read together with sections 3 and 4 of the Borno State Local Government Elections and Election Petition Law, 2004, any other person apart from the Borno State Independent Electoral Commission is charged with the c…