MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant had by the originating summons dated and filed on the 19/4/2012 at the Registry of the Federal High Court, Uyo, Akwa Ibom State, submitted the following questions for determination by that court:-
1. Whether having regard to the Provisions of Article 17.1 of the Constitution of the Peoples Democratic Party (2nd Defendant) and Paragraphs 14, 15 and 16 of the Electoral Guidelines for Primary Elections of the Peoples Democratic Party, the Electoral Act, 2010 (as amended) and the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 1st Defendant is qualified to contest the gubernatorial primaries of the 2nd defendant held on 15th January, 2011 for the purpose of choosing its candidate for the office of Governor of Akwa Ibom State at the general elections held in April, 2011.
2. If question 1 above is answered in the negative, whether the plaintiff should not have been returned as the duly elec…