HON. EMMANUEL BWACHA V. HON. JOEL DANLAMI IKENYA INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) PEOPLES’ DEMOCRATIC PARTY (PDP)

JEGA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Federal High Court Kaduna delivered on 5 April 2007 by Hon. Justice A.M. Liman. The facts relevant to this appeal are as follows:

Before the Federal High Court Kaduna, the 1st respondent as the plaintiff vide an originating summons sought the following questions for determination, and consequently the reliefs which follow. The questions for determination were: “Whether in view of section 34 of the Electoral Act 2006, which requires political partieswishing to substitute candidates to give “cogent and verifiable” reasons, the 2nd defendant can substitute the plaintiff’s name as a senatorial candidate for no reason at all. Whether in view of the judgment of the Federal High Court Abuja, dated 27 March 2007, wherein the Economic andFinancial Crimes Commission’s list of “corrupt” candidates and the report of theAdministrative Panel of Inquiry, otherwise called Ayua Panel were quashed, the 2nd defendant…