FRANCIS FEDODE TABAI, J.S.C: (Delivering the Leading Judgment): This appeal is identical with appeal No. SC.282/2010 which I have earlier disposed of. The parties are the same and the cause of action also the same. The only difference is that, the Appellant herein the People Democratic Party (PDP) is the 4th Respondent in SC.282/2010, while the 2nd Respondent herein SENATOR JULIUS ALL UCHA was the Appellant in SC.282/2010. The cause of action was the PDP's nomination exercise in December, 2006 for the choice of its flag bearer representing Ebonyi Central Senatorial District for the 21st of April, 2007 elections.
The case of the Petitioner DR. EMMANUEL ONWE who was the 1st Appellant at the Court below and the 1st Respondent herein was that he was the duly nominated candidate of the Appellant (People Democratic Party) representing Ebonyi Central Senatorial District at the party's primary election held on the 2nd of December, 2006, and that he was by that fact of his nomination presumed…