SENATOR NKECHI JUSTINA NWAOGU V. HON. EMEKA ATUMA INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) PEOPLES’ DEMOCRATIC PARTY (PDP)

NGWUTA JSC (Delivering the Lead Ruling): This is yet another one in a plethora of motions filed in this appeal by parties herein as well as would-be parties. In brief, the relevant facts are: The 3rd respondent/respondent, the Peoples’ Democratic Party (the PDP) held its primary election on 8 January 2011 to nominate its senatorial flag bearer for the Abia Central Senatorial District in the then forthcoming senatorial elections. I shall hereunder refer to the appellant/applicant and 1st respondent/respondent simply as applicant and 1st respondent. The applicant and the 1st respondent contested the primary election along with others not parties herein. The applicant was declared winner of the primary election, followed by the 1st respondent as the runner-up. After A the primary election, the 1st respondent commenced an action by way of originating summons to challenge the nomination of the applicant for the election to represent the Abia Central Senatorial District in the National As…