AMIRU SANUSI, OFR J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of Federal High Court, (hereinafter referred to as "the lower court") sitting at Lokoja, delivered on the 30th of September, 2011.
At the lower court the appellant as Plaintiff, filed the suit by way of Originating summons against the present respondents, as defendants thereat, in which he approached the court to determine the under mentioned questions:
1) Whether by virtue of the provisions of Sections 32 and 33 of the Electoral Act, 2010 as amended, the Plaintiff who contested and won the party's primary election for Kogi State House of Assembly and was returned as the validly nominated candidate in the said elections and whose name was forwarded by the party to the Independent National Electoral Commission for the purpose of contesting the April, 2011 House of Assembly election, can be replaced or substituted by the 1st and 2nd Respondents.
2) Whether by the provisions of the 1999 Consti…