My Lords, this appeal concerns the disqualification of Alhaji Atiku Abubakar Vice President of the Federal Republic of Nigeria as a candidate or any other candidate for the 2007 General Elections. By an originating summons issued in the Federal High Court Abuja on 10th January 2007, in which the Action Congress and Alhaji Atiku Abubakar were named as Plaintiffs and Independent National Electoral Commission (INEC) as Defendant, the Plaintiffs applied for the determination of the following questions: (1) Whether the Defendant has powers under the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and the Electoral Act, 2006 to conduct any verification of the credentials/papers and/or screening out and/or disqualifying candidates including the 2nd Plaintiff for the 2007 General Elections. (2) Whether by the provisions of the third schedule to the Constitution of the Federal Republic of Nigeria, item 15 paragraph (a) to (i) and Section 32 of the Electoral Act, 2006 or any other provisions of the Electoral Act, 2006 or any other law, any other person other than the Plaintiff has the exclusive right to verify and or screen its candidates before sponsoring them by forwarding their names to the Defendant. (3) Whether the Defendant has powers under any law or enactment to disqualify or screen out the 2nd Plaintiff as a candidate or any other candidate for the 2007 General Elections. (4) Whether by the provisions of Section 32(5) of the Electoral Act, 2006, any other person or bodies other than a Court of law can disqualify any candidate from contesting election:

The matter was heard by B.O. Kuewumi J. On 7th March 2007, the Judge gave judgment whereby he held that the Defendant has no power to disqualify candidates under the provisions of the Constitution of the Federal Republic of Nigeria 1999 and the Electoral Act 2006. The Judge also held that the power to disqualify any candidate sponsored by any political party including the 1st Plaintiff from contesting an election is vested in the Courts as provided for in Section 32(5) of the Electoral Act 2006.

The Defendant, Independent National Electoral Commission (INEC) appealed to the Court of Appeal. The Plaintiffs also cross-appealed. On 3rd April 2007, the Court of Appeal allowed the Defendant's appeal and dismissed the Plaintiffs' cross-appeal. The present appeal by the Plaintiffs is from the said decision of the Court of Appeal.