Before Their Lordships
GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
MAHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
OLUFUNLOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria
Between
CHIEF EMMANUEL BELLO Appellant(s)
AND
1. INDEPENDENT ELECTORAL COMMISSION
2. PEOPLES DEMOCRATIC PARTY
3. MR. HASKE FRANCIS HANNANIYA Respondent(s)
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M. MOHAMMED, J.S.C.(Delivering the Leading Judgment): The Appellant in this appeal was the Plaintiff at the trial Federal High Court Abuja where by Originating Summons dated 21st February, 2007, he instituted an action against the 1st and 2nd Respondents as the Defendants. By a motion on notice supported by affidavit filed at the Court on 28th February, 2007, the Appellant sought the leave of the Court to amend the Originating Summons by filling an Amended Originating Summons which removed the name of the 2nd Respondent as a Defendant in the action, leaving the 1st Respondent alone to defend the action. The grounds or questions for determination and the relief being sought in the original action were also amended. The parties were duly heard on this application for amendment and the application granted. The Amended Origination Summons in the action between the Appellant as Plaintiff and the 1st Respondent as the Defendant dated 1st March, 2007 was subsequently heard. After hearing the parties, the trial Court delivered its judgment on 4th April, 2007 granting all the three specific relief sought by the Appellant against the 1st Respondent.
