W. S. ONNOGHEN, J.S.C. (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal, Holden at Enugu in appeal No. CA/E/406/2007 delivered on the 10th day of July 2008 in which the court reversed the decision 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 the 2nd day of April, 2007; the facts for the case are largely undisputed.
On the 23rd day of 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?
2. Whether the Defendant has power to substitute a nominated c…