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ONYEKACHI A. OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, sitting in Calabar Judicial Division, delivered on 11th November, 2011 in Suit No FHC/CA/CS/82/2011.
Suit No FHC/CA/CS/82/2011 had commenced at the Abuja Judicial Division of the Federal High Court but was later transferred to the Calabar Division of the Court, upon Order of the Abuja Division of the Court made on 30th March, 2011. The 2nd Respondent was not originally a party in the suit but was joined, upon its application, by Order of this Court made on 16th January, 2013.
The Appellant, as plaintiff in the lower court, took out on originating summons against the 1st Respondent, seeking a resolution of the following questions:
i. WHETHER the provisions of the Electoral Act as amended on the 29th day of December, 2010 and the Defendant's Guidelines published under the Electoral Act before if was amended were effective as at the 4th, 6th, 7th and 13th days o…