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UWANI MUSA ABBA AJI, J.C.A (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High court sitting in Owerri, delivered on the 1st day of April, 2011, per Hon. Justice F. A. Olubanjo in suit No. FHC/OW/CS/75/11, Between Hon. Austin Nwachukwu v. Independent National Electoral Commission, (2) Peoples Democratic Party and (3) Prof. Chudi Uwazuruike.
The brief facts of this case, as can be gleaned from the Records is that the 1st Respondent herein, who was the plaintiff before the lower court, had on the 14th day of March, 2011, instituted an action against the Appellant and two others, claiming the following reliefs:
(a) An order of the Court restraining the 2nd Defendant from submitting to the 1st Defendant, the name of the 3rd Defendant or any other name except the name of the Plaintiff as the Peoples Democratic Party (PDP) candidate for Ehime Mbano/Ihitte Uboma/Obowo aka Okigwe South Federal Constituency for election into the Federal House of Representat…