The Plaintiff at the Federal High Court, Abuja (trial Court) took out an originating summons against the Defendants, in the affidavit in support of the originating summons the 1st Plaintiff, who with the consent of the 2nd Plaintiff deposed to the facts contained in the affidavit in support which furnishes a summary of the facts from their own side. He averred that he is a card-carrying member of the Peoples Democratic Party (PDP) while the 2nd Plaintiff is the Akwa Ibom State Chairman of the PDF, 1st Plaintiff indicated his interest to contest the party's primary election into the Akwa Ibom North East District Senatorial Seat as a candidate in the April 2007 General Election into the National Assembly. In realization of that ambition, the 1st Plaintiff obtained and filled the relevant party's nomination forms and returned same. He was cleared to contest the said primaries which took place on or about 4th - 6th December 2006 in compliance with PDP's Constitution.

1st Plaintiff averred further that he scored over 60% of the total votes cast and was duly returned as the winner and the party's candidate in respect of the April, 2007 General Elections. PDP issued him with a Certificate of Return. PDP subsequently proceeded to forward 1st Plaintiff's name to the 1st Defendant, 1st Plaintiff was invited by the 1st Defendant for verification and screening exercise at the instance of PDP. He was screened by the 1st Defendant on 21st February, 2007 and that he was advised by the 1st Defendant that his name had been included in the list of candidates for the National Assembly elections in April, 2007 General Election, representing the PDP in Akwa Ibom North-East Constituency. 1st Plaintiff averred severally that he was given all the assurances by the PDP's Akwa Ibom Chairman and PDP's National Chairman (Dr.) Ahmadu Ali that he was the unequivocal candidate of the PDP in the National Assembly Elections holding in April 2007 in respect of Akwa Ibom North-East Constituency.

But to the surprise of the 1st Plaintiff, the 1st and 2nd Defendants unilaterally removed his name from the list of candidates for the National Assembly elections and in a strange manner, replaced it with the name of the 3rd Defendant. 1st Plaintiff averred that the exclusion of his name from the INEC list of candidates for the April 2007 elections is completely in bad faith and the 1st and 2nd Defendants never wrote to him or the PDF to explain why his name was excluded from the list.

The learned trial Court Judge, Nyaka, J., found in favor of the 1st Plaintiff (Appellant herein).

Dissatisfied with the judgment of the trial Court, the 3rd Defendant (1st Respondent herein) appealed to the Court of Appeal Holden at the Abuja Division.

In its judgment which it delivered on the 30th day of March, 2009, the Court of Appeal set aside the trial Court's judgment and declared the 1st Respondent herein as the candidate of the Party.

The Appellant aggrieved with the judgment of the Court of Appeal has now appealed to the Supreme Court.