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EMMANUEL AKOMAYE AGIM, JCA (Delivering the Leading Judgment): On the 28th August 2013, the appellant herein, as applicant by an originating motion on notice, commenced suit No. FHC/AI/CS/38/2013 in the Federal High Court at Abakaliki against the respondents herein, applying for the enforcement of his fundamental right to privacy and praying for the following reliefs:
A. A Declaration that the applicant and other voters in Ebonyi State are entitled to the privacy of who they vote for in an election as guaranteed by section 37 of the 1999 constitution of Nigeria (as altered).
B. A Declaration that the open ballot system of voting, that is queuing behind the candidate of your choice in the full glare of everybody constitutes a violation of the right of the applicant and other voters to the privacy of who they vote for in an election as guaranteed by section 37 of the 1999 constitution of Nigeria (as altered).
C. Declaration that section 5 (1) of Ebonyi State Electoral (Amendment) and Oth…