KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The genesis of this appeal started as an inter party dispute on the candidate the All Nigeria Peoples Party (ANPP) nominated to contest the election for the Dala Federal Constituency seat of the House of Representatives in the General Election which took place on 21st April, 2007. After the conduct of the primaries, the ANPP forwarded the name of Alhassan Uba Idris (now 1st respondent) to INEC who was cleared and his name published to contest the election which he won. The appellant believed he won the highest number of votes at the primaries and felt short - changed on what the
Party did and challenged the action of the Party at the Federal High Court, Abuja in Suit No. FHC/ABJ/CS/70/2007. The Court entered judgment in his favour. Meanwhile the General Election had taken place and when the results for the Dala Federal Constituency was collated by Tijani Abdu Chinade, the Returning officer for Dala Federal Constituency, …