FABIYI, JCA (Delivering the Lead Judgment): This is an appeal against the ruling handed out at the Federal High Court, Enugu on 20th October, 2000.
The 1st respondent in this appeal, as plaintiff at the trial court, filed his writ of summons dated 25/9/2000 on the same date. It is apt to reproduce the reliefs, though legion, contained therein as they have bearing on the issues canvassed in this appeal. They read as follows:-
“(i) A declaration that the petition written by Hon. Peter Igbo, the purported representative of the Petitioners from Njikoka Constituency II calling for a recall of the plaintiff representing Njikoka Constituency from membership of the Anambra State House of Assembly for allegation of distabilising (sic) Anambra State Government through subversive activities raise serious criminal allegations and charges against public order.
(ii) A declaration that the 1st defendant cannot rely on the allegation and charges mentioned in (I) above to take any step whatsoever pur…