ABDU ABOKI, PJCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Niger State, holden at Minna (hereafter called the "Trial Court"), delivered on the 3rd day of March 2020.
The Appellants herein were the 1st and 2nd Defendants at the Trial Court, while the 1st and 2ndRespondents were the Plaintiff, and the 3rd Defendant. By way of an Originating Summons, filed on the 29th of November 2019, and amended on the 15th of January 2020, the 1st Respondent as Plaintiff, sought the determination of the following questions:
Whether the 2nd Defendant having validly nominated and submitted the name of the Plaintiff to the 3rd Defendant as Councillorship Candidate of the 2nd Defendant for Pina Ward in Shiroro Local Government Area of Niger State can arbitrarily substitute the Plaintiff with the 1st defendant when the Plaintiff is still alive and did not voluntarily withdraw his candidacy.
Whether by virtue of Section 33 and35 of the Electoral Act 201 as a…