ONYEKACHI A. OTISI, J.C.A. (Delivering the leading Judgment): This appeal is against the Judgment of the Federal High Court, Uyo. The Appellant was a candidate in the People's Democratic Party primary election for the Ikot Ekpene Senatorial position held on 7th January, 2011. He alleged that the said primary election did not hold as lawfully provided; and, as plaintiff, he commenced, by way of originating Summons, suit No FHC/ABJ/CS/123/2011 of Federal High Court, Abuja. The matter was subsequently transferred to Federal High Court Uyo, where it became FHC/UY/CS/139/2011. The Appellant sought the determination of the following questions:
1. Whether by virtue of the provisions of section 87 (3), (9) and (10) of the Electoral Act 2010, Article 17.1 the Peoples Democratic Party Constitution 2009 (as amended) and the provisions of Articles Part v. 24 to 33 of the Electoral Guidelines for Party Elections 2010 of the Peoples Democratic Party (hereinafter referred to EGPE) the Applicant here…