KATE MUDIAGA-ERHUEH ALL PEOPLE’S PARTY (APP) G. P. ORUBEBE (STATE CHAIRMAN APP DELTA STATE) NATIONAL CHAIRMAN (APP) V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) MRS. JUKUNSON ABAMA (PRESIDENT ELECTORAL COMMISSIONER, DELTA STATE OJIKUTU (FEDERAL ELECTORAL COMMISSIONER) PRINCE FRED BRUME OLOROGUN FELIX IBRU PEOPLE’S DEMOCRATIC PARTY (PDP) NATIONAL HEADQUARTERS, ABUJA PEOPLE’S DEMOCRATIC PARTY(PDP) DELTA STATE HEADQUARTERS, ASABA

MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): In an originating notice of motion dated 8/3/999 and filed in the Federal High Court Abuja (hereinafter called the lower court), the plaintiffs/appellants claimed against the defendants/respondents as follows:- “(1) A declaration that pursuant to the provisions of the law and guidelines for Election into the office of the president and the National Assembly under which the elections to the Senate and House of Representatives Election were conducted on Saturday, February 20, 1999, the first plaintiff being the only accredited and duly nominated candidate up to the time of voting on Saturday February 20, 1999 should have been so declared. 2. An order declaring (or otherwise commanding the 1st to 3rd defend ants to declare) th e 1st p lain tif f RETURNED

UNOPPOSED at the said election.”

The 4th respondent filed a notice of preliminary objection and urged that court to strike out the suit on the following grounds: JURISDICTION

The moti…