JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): By a writ of summons, dated 6th day of May, 1999 and filed on the same date, the Respondent' as Plaintiff, claimed in his particulars of claim as follows before the Federal High Court, holden at Port Harcourt:
"(a) A declaration that the Plaintiff's the duly elected chairman of the Obio/Akpor local Government Area of Rivers State by reason of the election on 5th December, 1998 and which said election was confirmed by a unanimous decision of the Court of Appeal in Appeal No. CA/PH/EP/66/99 delivered on 17th March, 1999.
(b) Against both 1st and 2nd Defendants, an order that no bye-election of whatever type should hold in the Obio/Akpo, Local Government Council of Rivers State until the expiration of the tenure of the plaintiff or by operation of law
(c) Against the 2nd and 3rd Defendants an Order that the 2nd Defendant.
Ezenwo Nyesom Wike, should not parade himself as the candidate of the P.D.P. (3rd Defendant) as the Plain…