MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of Honourable Justice A. R. Ozoemena, J., of the High Court of Enugu State, sitting at Enugu-Ezike (hereinafter referred to as the "Lower Court"). The said ruling was delivered on the l0th day of May, 2010. The substantive suit was instituted by the plaintiff /1st respondent vide a writ of summons, dated and filed contemporaneously with the statement of claim on the 6th day of May, 2009; wherein the plaintiff/1st respondent claims against the 1st defendant/2nd respondent and 2nd defendant/appellant, jointly and severally for the following reliefs:
"(a). A declaration that an elected Governor of a State in Nigeria have no authority and power to perform the duties and functions of his office of the Governor of a State before the subscription to the oath of office and oath of allegiance and after the expiration of his tenure of office under the 1999 Constitution of the Federal Republ…