SUNDAY OGUNBIYI OBASANYA V. MATTHIAS AKINBOWALE SOLA BABAFEMI & ORS.

GALADIMA, J .C.A (Delivering the Leading Judgment): This appeal is against the ruling of the Lagos State High Court (Coram Oke J.) delivered on 14/7/99. The Appellant was the 1st defendant in the trial Court whilst the 1st Respondent was the plaintiff and the 2nd and 3rd Respondents were the 2nd and 3rd defendants respectively.

The 1st Respondent had filed an originating motion against the appellant, 2nd and 3rd respondents praying the lower court for the following reliefs:

"1. DECLARATION that the applicant was and is still the duly screened nominated and elected candidate and councillor of Alliance for Democracy (AD) for Ward 'F' of Lagos Mainland Local Government Area of Lagos State of Nigeria conducted on the 5th day of December, 1998.

2. PERPETUAL INJUNCTION restraining the first respondent from parading himself and or acting as the AD elected councillor for Ward 'F' of Lagos Mainland Local Government Area of Lagos State of Nigeria.

3. AN ORDER restraining the second and third r…