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WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the ruling of the Court of Appeal Holden at Abuja in appeal No.CA/A/221/2011 delivered on the 26th April, 2012 in which the court dismissed the application of appellant for leave to adduce further evidence before the lower court. The appeal is therefore an interlocutory one as the main appeal against the decision of the Federal High Court, Holden at Abuja in suit No.FHC/ABJ/CV/83/2011 delivered on the 25th day of March, 2011 still pends before the lower court.
By an Originating Summons filed on the 27th day of January, 2011, the appellant, as plaintiff sought the determination of the following questions by the Federal High Court, Holden at Abuja, to wit:
"1. Whether having won the Primary Elections conducted by the Peoples Democratic Party (PDP) on the 12th of January 2011 for Igbo Etiti/Uzouwani Federal Constituency, is the plaintiff not the duly nominated candidate for the National Ass…