THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): On the 29th February, 2008, the 1st Respondent in this appeal instituted an action before the Federal High Court, sitting at Katsina by way of Originating Summons in suit No. FHC/KAT/CS/4/2008 claiming against the Appellant and the 2nd Respondent as follows:
"1. A DECLARATION of this Honourable Court that by the combined effect of section 106 of the Constitution of the Federal Republic of Nigeria 1999 and section 32(2) of the Electoral Act 2006, the 2nd Defendant is not qualified to contest for and/or participate in the bye-election soon to be conducted by the 1st Defendant into the House of Assembly of Imo State for the Oru West State Constituency, having failed to satisfy the mandatory requirements of the said sections.
2. A DECLARATION of this Honourable Court that by virtue of the decision of the Court of Appeal in CA/PH/EPT/453/2007 Onuigwe v. Emelumba and Ors. the Plaintiff is entitled to be declared the winn…