AYOBODE LOKULO-SODIPE, J.C.A.(Delivering the Leading Judgment): HON. EMMANUEL BASSEY OBOT as Plaintiff commenced Suit No. FHC/ABJ/CS/286/2007 by Originating Summons against (1) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC); (2) PEOPLES DEMOCRATIC PARTY (PDP); and (3) HON. BASSEY ETIM for the determination of the following questions:-
"1. Whether the purported letter of substitution of the Plaintiff with the 3rd Defendant purportedly 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 Defendant properly substituted the Plaintiff with the 3rd Defendant giving (sic) regard to the peculiar facts of this case."
The reliefs sought in the Originating Summons are: -
"1. A declaration that the purported letter of substitution of the Plaintiff with the 3rd Defendant dated 5/02/07 does not contain cogent and verifiable reason for the said substitution as contemplated by the pro…