MUHAMMAD JSC (Delivering the Lead Judgment): By an originating summons dated 24 April 2007 and filed before the Federal High Court (trial court), holden in Abuja, the plaintiff applied to that court for the determination of the following questions:
Whether the purported letter of substitution of the plaintiff with the 3rd defendant issued by the 2nd defendant satisfies the requirement of section 34(1) and (2) of the Electoral Act, 2006. 2. If the answer to question 1 is in the negative, whether the 1st defendant properly substituted the plaintiff with the 3rd defendant having regards to the peculiar facts of this case.
The salient facts giving rise to the appeal as stated by the plaintiff in the affidavit in support of the originatingsummons are that he was nominated the Peoples’Democratic Party candidate for the Ikot Abasi Eastern Obolo State Constituency for the April 2007 General Elections in compliance with the Electoral Act, 2006 and the PDP Guidelines for the primaries. His name…