OKWUCHUKWU OPENE, J.C.A. (Delivering the Leading Judgment): The facts of the present case is that the appellant and the 1st respondent, are members of the Peoples Democratic Party (PDP). There had been a struggle between the two as to who should contest the election on the platform of the PDP to represent the Uyo Senatorial District in the last National Assembly elections, held on the 12th day of April, 2003. In course of this, the 1st respondent on 17/3/2003, filed an action against Independent National Electoral Commission (INEC) at the Federal High Court, Abuja, complaining about his replacement with the appellant as the party's candidate for the election, but the 1st respondent later discontinued the suit. The appellant's name was then published as the party's candidate for the election.
Before the election was held on 12th of April, 2003, the appellant's name was replaced with that of the 1st respondent. The election result and/or scores show that Effiong Bob (1st respondent) of …