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MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The 1st to the 5th respondents on the 5th day of June, 2011 commenced suit No. FHC/ABJ/CS/574/2011 by way of judicial review at the Federal High Court, Abuja division, hereinafter referred to as the trial court, seeking inter alia for an order of prohibition to restrain the 6th respondent, INEC, from issuing the appellants' certificates of return in respect of the Anambra State House of Assembly Elections for the Ekwusigo, Oyi, Anambra East, Dunu Kofia and Awka North constituencies.
In upholding the preliminary objection of the appellants, being then the defendants, the trial court at page 977 -978 of vol.1 of the record of appeal held as follows:-
"To conclude, I wish to add that this very suit where the plaintiffs want the certificates of return already issued to the defendants and also to compel INEC to swear them in (the plaintiffs) as members of the Anambra State House of Assembly, is a post election action, I earli…