Judgment
CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The first respondent in this appeal, Chief John Alaga, by way of Originating Summons, instituted an action at the High Court of the Federal Capital Territory, Abuja, on October 5, 2020. He sought judicial responses to the following questions: 1.
Whether having regard to the provisions of Section 31 (5) of the Electoral Act (as amended); the 1st Defendant gave and/or supplied false information to the Defendant in his INEC form CF001 by purporting to have sat for and/or obtained educational qualification making him eligible to contest for the Cross River North Senatorial bye-election, scheduled to hold on 31st October, 2020 or at any other date, whereas he has no such educational qualifications and by virtue of that fact is not qualified and/or eligible to contest for, be nominated or elected for the Cross River North Senatorial bye-election scheduled to hold on 31st October, 2020 or at any other date? 2.
Whether by the provisions of Section 87 of the Electoral Act, (as amended), the purported primary election of the People’s Democratic Party (PDP) held on September, 2020 at Ogoja Government Secretariat, Ogoja, Cross River State, wherein the 1st Defendant claims to have been nominated as the candidate of the party for the Cross River North Senatorial bye election scheduled to hold on 31st October, 2020, or at any other date was not conducted with the valid delegate list of the party and therefore null and void in its entirety? 4.
Whether by the provisions of Section 87 of the Electoral Act, (as amended), the purported nomination of the 1st Defendant as the Senatorial candidate of the Peoples’ Democratic Party (PDP) for the Cross North Senatorial bye election scheduled to hold on 31st October, 2020, or at any other date is illegal, invalid, null and void as the said primary election was not conducted with the approved delegate list of the party nor monitored by the 2nd Defendant?
He consequently, sought the following reliefs: (a) A declaration that the 1st Defendant gave and/or supplied false information to the 2nd Defendant in his INEC Form CF001 by purporting to have sat for and/or obtained educational qualifications making him eligible to contest for the Cross River-North Senatorial bye-election scheduled to hold on 31 st October, 2020, or at any other date, whereas he has no such educational qualifications;
