MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Abuja Division, hereinafter referred to as the lower Court, in appeal No. CA/A/390/2016; Dr. Okezie Victor Ikpeazu v. Dr. Sampson Uchechukwu Ogah, delivered on the 18th August 2016, allowing 1st respondent's appeal and setting aside the judgment of the Federal High Court, hereinafter referred to as the trial Court dated 27th June 2016 in Suit No. FHC/ABJ/CS/71/2016. A brief summary of the facts that brought about the appeal is hereinafter provided.
The appellant and 1st respondent are members of the 2nd respondent. The two contested the latter's primary election for the office of the Governor of Abia State. The primary election, which held on 8th December 2014, saw the emergence of the 1st respondent as the winner. Appellant was the first runner up of the primary election having scored the second highest number of votes. Given the results of the primary electi…