REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): The second Appellant, Action Congress of Nigeria, (ACN) conducted party primaries for nomination into the elective offices for the House of Representatives, Senate, State House of Assembly and Governorship on the 12th of January, 2011. The 1st appellant was declared the winner and the candidate of the 1st Appellant for the House of Assembly Buruku Constituency. The 1st Respondent Mrs. Ngunan Addingi dissatisfied with the declaration commenced an action as the plaintiff in the Federal High Court vide an Originating summons filed on the 14th February, 2011 wherein she claims the following reliefs:
1. A DECLARATION that having conducted a Primary Election in the Buruku Constituency of Benue State on the 12th January 2011, for the purpose of nominating the 1st Defendants candidate for the General Election stated for the 6th April 2011, it is mandatory for the 1st Defendant to nominate the winner of said Primary Election, as…