HARUNA SIMON TSAMMANI, JCA (Delivering the Leading Judgement): This Judgment is in respect of an appeal against the Judgment of the Federal High Court sitting in Abuja, delivered on the 8th day of March, 2022 by Inyang Ekwo, J in Suit No: FHC/ABJ/CS/920/2021.
By an Originating Summons filed on the 27th day of August, 2021 the 1st Respondent; the Peoples Democratic Party (PDP) pursuant to Order 3(6), (7), (8) and (9) of the Federal High Court (Civil Procedure) Rules, 2019, posed the following questions for determination:
1. Whether upon a proper construction of Section 1(1), Section 1(2), 179 (2) and 187 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and in view of the fact that Nigeria is a Constructional democracy, the Ebonyi State of Nigeria can be governed (other than during emergency as defined by the Constitution) by any political party or by a person on the platform of a political party other than the political party with the majority vote at a gube…