J. A. FABIYI, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division ("the court below" for short) delivered on 2nd November, 2011 wherein it dismissed the appellant's appeal against the judgment of the Federal High Court (the trial court) delivered by Kolawole, J. on 28th February, 2011.
The appellant as plaintiff at the trial court filed his Originating Summons on 28/01/2011 against the respondents as defendants thereat. He set out five (5) questions or issues for determination which I deliberately reproduce for ease of reference below. They read as follows:-
"(1) WHETHER having regard to Sections 221, 222 and 223 of the Constitution of the Federal Republic of Nigeria, 1999 and Sections 85 and 86 of the Electoral Act, 2010 (as amended) it is unlawful for the 1st defendant to refuse to submit to the 3rd defendant the name of the plaintiff who was screened cleared and duly elected by majority of lawful votes cast by accre…