FABIYI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division (the court below ) delivered on 13 December 2011. Therein, the appeal by the 1st respondent against the judgment of the Federal High Court (the trial court) delivered on 21 April 2011 was allowed and the decision was ultimately set aside.
It is apt to state the relevant facts leading to this appeal which arose from a dispute between the 1st respondent on the one part and the 2nd and 3rd respondents on the other part, as to whether or not Osisioma Ngwa Local Government Area was in Abia Central Senatorial District for the purpose of the 2011 general election for the said Senatorial District.
On 9 July 2010, the 1st respondent wrote exhibit EAl to the appellant wherein he sought clarification on the Local Government Areas that comprised Abia Central Senatorial District. He received the appellant’s letter of clarification - exhibit EA2 which disclosed the five (5) Local…