RT. HON. ROTIMI CHIBUIKE AMAECHI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): Let me start by thanking all the senior counsel for the parties for the adroit and impressive manner in which they have put across their arguments both in their different briefs and the oral arguments canvassed in support.

The issues in this appeal fall within a narrow compass. The starting point is the decision made by this court in Ugwu v.Ararume (2007) 12 NWLR (Pt. 1048) 367. The simple issue decided in that case is that a political party wishing to substitute a candidate for another within 60 days to the election must give cogent and verifiable reasons to INEC for the substitution sought. In the said ARARUME case, this court decided that to offer the reason framed as 'error' for a change of candidate is not in compliance with s.34(2) of the Electoral Act. 2006. In this case. the same reason relied upon by the respondent in substituting the appellant with the 2nd respondent is the word 'error' without more. Clearly in my view t…