UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The 1st and 2nd Respondents were the Plaintiffs in an action in SUIT NO. FHC/ABJ/CS/1321/2022: PEOPLES DEMOCRATIC PARTY (PDP) and ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) and ORS. The 2nd Respondent is the candidate sponsored by the Peoples Democratic Party (PDP), the 1st Respondent herein, for the forthcoming General Elections for the Yala II Constituency of the Cross River State House of Assembly. The Appellant herein was the 3rd Defendant at the lower Court. She is the candidate sponsored by the All Progressives Congress (APC), 2nd Defendant at the lower Court and 4th Respondent in this appeal for the election in respect of the said Yala II State Constituency of the Cross River Sate House of Assembly.
In discharge of its duties under Section 29 (3) of the Electoral Act 2022, the Independent National Electoral Commission (INEC), the 3rd Respondent herein and 1st Defendant at the lower Court, publishe…