ADEKEYE JCA (Delivering the Lead Judgment): In the writ of summons and statement of claim filed by Anthony Idowu Mendes as plaintiff at the Federal High Court, Abuja on the 10th of April, 2003, he claimed relief that as duly nominated candidate of the 2nd defendant, Alliance for Democracy, as his name had been published on Independent National Electoral Commission’s list, his name could not be substituted for that of Hon. Femi Davies without compliance with the provisions of sections 23 and 25 of the Electoral Act, 2002.
Hon. Femi Davies was granted leave by the Federal High Court to be joined as a party. Hence all defendants to the suit including Independent National Election Commission and the Alliance for Democracy filed notice of preliminary objection contendingas follows:-
That the issue of nomination brought by the plaintiff for adjudication was an issue bordering entirely on the internal affairs of a political party over which the court lacks jurisdiction.
(b) That the entire su…