WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Holden at Abuja in appeal N0.CA/A/245/2009 delivered on the 17th day of June, 2010 allowing the appeal of the 1st respondent in the first appeal and 4th respondent in the second appeal and dismissing the decision of the High court of Kogi State, Okpo Judicial Division in suit No.OHC/8/2008 delivered on the 7th day of May, 2009.
On the 28th day of August, 2008, the 1st respondent in the 1st appeal and 4th respondent in the second appeal, Mr. Michael Adejoh Itodo took out an originating summons calling for the determination of the following questions:-
i. Whether the claimant who contested for and won the election into the office of Councilor representing Ogugu Ward II Olamaboro Local Government Council, in the Election organized by the 2nd defendant on the 26th July, 2008 could be substituted by the 3rd defendant after the election.
ii. Whether the 2nd d…