ONNOGHEN JSC (Delivering the Lead Judgment): The appeal is against the judgment of the Court of Appeal, holden at Enugu in appeal No. CA/E/406/2007 delivered on 10 July 2008 in which the court reversed thedecision of the Federal High Court, holden at Enugu in suit No. FHC/EN/ CS/79/2007 to the effect that the court had no jurisdiction to entertain the matter as constituted. The ruling of the trial court giving rise to the appeal before the lower court was rendered on 2 April 2007. The facts of the case are largely undisputed.
On 23 March 2007, the 1st respondent, as plaintiff caused to be issued an originating summons against the 2nd defendant therein for the determination of the following questions: “1. Whether the defendant’s statutory power to substitute a nominated candidate of a political party, under section 34 of the Electoral Act, 2006, is qualified or absolute?
Whether the defendant has power to substitute a nominated candidate of a political party less than 60 (sixty) days t…