JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 9th July, 2019 in the High Court of Akwa Ibom State, sitting at Abak.
In the High Court (the Court below), the 1st Respondent was the Claimant. The Appellant and the 2nd Respondents were the defendants.
The 1st Respondent took out an originating summons against the appellant and the 2nd Respondent for the determination of certain questions in respect of the declaration of his seat as a Councilor vacant.
He also sought for several declaratory reliefs and orders of the Court below including an order setting aside the declaration of the seat vacant for being illegal, unconstitutional and a breach of his right to fair hearing.
The originating summons was supported by an affidavit and an exhibit attached thereto. After the service on him of the counter affidavit of the Appellant and the 2nd Respondent, the 1st Respondent filed a further affidavit in response.
The case of the 1st Respo…