STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja, delivered on 10/02/2020 in Suit No: FCT/HC/CV/938/2020; Coram: A.O. Adeniyi, J. At the lower court, the appellant in this appeal was the Defendant while the respondent in this appeal was the plaintiff.
The facts are that on the 3rd day of February, 2020 the Respondent in this appeal filed at the lower court a Motion on Notice against the appellant claiming the following two reliefs:
1. An Order of Mandamus compelling and/or commanding the Defendant/Respondent to discharge its official public duty pursuant to Section 75(1) of the Electoral Act, 2010, (as amended) by issuing a sealed Certificate of Return in a prescribed form within 7 days to the Claimant/Applicant being the winner of the Anambra South Senatorial District election which was held on 23rd February, 2019, and organized and supervised by the defendant.
2. An Or…