JAMILU YAMMAMA TUKUR, JSC (DELIVERING THE LEADING JUDGEMENT): This is an appeal against the majority judgment of the Court of Appeal, Enugu Judicial Division in Appeal No. CA/E/23/2024 delivered on 20th December 2024 with Hon. Justice Joseph Eyo Ekanem JCA dissenting, which affirmed the judgment of the High Court of Enugu State holden at Enugu delivered on 22nd December 2023 coram C. O. Ajah PHD wherein the trial Court entered judgment in favour of the 1st Respondent.
The summary of the facts that metamorphosed to this appeal is that the 1st Respondent as Plaintiff, acting on the belief that by the rules of his Political Party-the People's Democratic Party, the Appellant was not eligible to present himself as Candidate for Gubernatorial elections conducted in Imo State in 2023 and also continue to hold the off ice of the National Secretary of the 2nd Respondent filed an action before the High Court of Enugu State, with the Appellant sued as the 3rd Defendant, seeking the determination …