EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 8th of April 2011, the 1st respondent herein as applicant in suit No.FHC/AWK/157/2011 obtained the leave of the Federal High Court at Awka, per P. F. Olayiwola J to apply for Judicial Review by way of mandamus, declaration and injunction. Pursuant to this leave, the 1st respondent on the 11th April 2011 filed a motion on notice applying for judicial review and praying for the following reliefs.
1. "A declaration of court that the respondent being a public body upon which a lot of constitutional and statutory responsibilities have been reposed especially in the matter of conducting a free and fair election in Nigeria in April 2011 must in doing so act dispassionately, independently and fairly without bias for or against any person(s) including the applicant.
2. A declaration of court that the respondent cannot be allowed to approbate and reprobate at the same time or to speak from both sides of the same mouth at t…