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FRANCIS FEDODE TABAI, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Calabar Judicial Division of the Court of Appeal delivered on the 8th of July, 2008 dismissing the earlier appeal against the decision of M. O. Eneji J. of the Akamkpa Judicial Division of the High Court of Cross-River State on the 2nd of November, 2007.
The action itself was commenced at the trial High Court on the 23rd of October, 2007 by way of an originating summons. The Plaintiffs who were the Appellants at the court below and also the Appellants herein sued for themselves and on behalf of all other members of the Peoples Democratic Party (PDP) Akamkpa chapter, excepting the 2nd Defendant and his supporters. They were also described in the summons as aspirants to the position or office of the chairman of Akamkpa Local Government Council under the platform of the PDP for the 2007 Local Government Election and/or the party's stalwarts in the Local Government Area.
In the summo…