PDP & ANOR
V.
JARIGBE & ANOR

TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal stems from the decision of the Court of Appeal Port Harcourt Division, delivered on the 2nd day of November, 2020 affirming the decision of the trial Federal High Court sitting in Port Harcourt delivered on the 4th day of September, 2020. The facts giving rise to the appeal are that, the elected Senator representing Cross River State North Senatorial District died in office, the event of his death therefore created vacancy in the Senate. The second respondent, Independent National Electoral Commission issued out a notice on the 11th day of August, 2020 that bye-elections would be conducted to fill the existing vacancy, the bye-election was slated for 31st October, 2020. The 1st appellant accordingly requested the 2nd respondent to monitor the primary elections.

​Before the primary elections were conducted, the 1st respondent in this appeal apparently perceived threat to his prospects of participating in the bye-ele…