MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal sitting at Port Harcourt delivered on the 12th February, 2013. The facts of the case that brought about the appeal are immediately stated below.
The appellants took out a writ on the 25th January, 2011 at the Port Harcourt Division of the Rivers State High Court against the respondents seeking certain declaratory and injunctive reliefs. Their case as pleaded and supported by evidence is that the appellants and the 2nd respondent were aspirants for the 1st respondent's primary election for the Bonny/Degema Federal Constituency seat. The primary election took place on 6th January 2011 at the Degema Local Government Council Headquarters. Using the appropriate list of and the delegates, on being accredited, voted. Ballot papers of each of the aspirants having been sorted out were placed in separate baskets. The counting which immediately commenced was disrupted. T…