NNAH GEORGE ONYEABUCHI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) ABUJA, ALHAJI IBRAHIM SALIM (PERMANENT SECRETARY/CLERK OF NATIONAL ASSEMBLY), ALHAJI ADAMU BAWA MU’AZU, MR. MALA ALAM AI (RESIDENT ELECTORAL COMMISSION, RIVERS STATE) & MR. OLUDI O. EDWIN

AYOOLA, JSC (Delivering the Lead Judgment): This is an appeal from the decision of the Court of Appeal (Musdapher, Munkata-Commassie and Bulkachuwa, JJ.CA) made on 12th February, 2001 dismissing the appellant’s appeal from the decision of the Federal High Court (Auta, J.) whereby a case initiated by the appellant by an originating summons was dismissed on a preliminary objection raised by counsel on behalf of Mr. Oludi Edwin, the 6th defendant, who is now the 5th respondent in this appeal.

In the Federal High Court, the appellant claimed as follows:

a) A declaration that the letter dated 3rd day of June, 1999 Ref, No. INEC/LEG/L.3/RV/14/197 and purportedly made by the 4th defendant is invalid, illegal, unconstitutional and of no legal effect.

b) A declaration that the 1st-5th defendants not being a court of law or tribunal established by law lack the competence to entertain and determine complaints by the 6th defendant challenging the declaration and return of the plaintiff by the 5th…