OLUFUNMILOLA OYELOLA ADEKEYE, J.C.A (Delivering the Leading Judgment): The Respondent/Cross-Appellant Hon. Dr. Okechukwu Udeh as plaintiff initiated a suit NO.FHC/ABJ/CS/188/07 at the Federal High Court Abuja by way of Writ of Summons challenging his substitution by his party - Peoples Democratic Party, 2nd appellant/cross-respondent, with the name of the 1st Appellant/Cross-Respondent Barrister Handel Okoli. In the Writ of summons and the penultimate paragraph of the statement of claim before the trial court the Respondent/cross-Appellant claimed against the Independent National Electoral Commission, Barrister Handel Okoli and the Peoples Democratic Party as defendants jointly and severally as follows:-
(1) Declaration that the option of changing or substituting a candidate whose name is already submitted to the 1st defendant INEC by a Political Party is only available to a Political Party and/or INEC under the Electoral Act 2006 if the candidate is qualified by a court order.
(2) De…