MOJEED ADEKUNLE OWOADE, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of F.A. Olubanjo J., sitting at the Federal High Court, Owerri delivered on 12th December, 2011.
The Appellant, who was plaintiff before the lower court filed an originating summons on 4th May 2011. By an order of the lower court, the Appellant filed an Amendment originating summons with Exhibits and Supporting Affidavit on 18/05/2011. The Appellant who was the PDP candidate in Oguta Constituency for the Imo State House of Assembly Election held on 26th April 2011 asked for the determination of the following questions:
"1. Whether on a proper construction of Sections 153(1) and (2) 160(1), and Sections 14 and 15 of part 1 of Schedule 3 to the Amended Constitution of the Federal Republic of Nigeria 1999, Sections 1(a) and (b), 2, 25, 26, 27, 30(3), 68, 133(1) and 137(1) of the Amended Electoral Act No. 64 2010, the Defendant have powers to conduct fresh elections in booths and ward…