TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the Appellant on 19/01/2017 against the decision of the Federal High Court Umuahia Judicial Division delivered on 15/12/2016.
The Plaintiff at the lower Court had instituted an action vide originating summons procedure claiming as follows:
1) A Declaration that the 1st Defendant is not a candidate in the election into the Abia State House of Assembly, Aba Central Constituency holding on the 11/4/2015 as the 1st Defendant was/is not a member of the 2nd Defendant and accordingly did not participate in the primary election held on 9/12/2014 for the election of such candidate, he being a member of the Peoples Democratic Party wherein he participated in their primaries and his name was not submitted to the 3rd Defendant by the 2nd Defendant.
2) A Declaration that the Plaintiff is the lawful candidate of the 2nd defendant in the election into the Abia State House of Assembly…