The 1st Respondent in this appeal was the Plaintiff at the Federal High Court Kaduna where he filed his action against the Appellant and the 2nd and 3rd Respondents as Defendants in an Originating Summons posing the following questions for determination:
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1
Whether in view of Section 34 of the Electoral Act, 2006 which requires political parties wishing to substitute candidates to give 'cogent and verifiable' reasons, the 2nd Defendant can substitute the Plaintiff's name as a senatorial candidate for no reason at all.
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2
Whether in view of the judgment of the Federal High Court, Abuja dated the 27th March, 2007, wherein the Economic and Financial Crimes Commission's list of 'corrupt' candidates and the Report of the Administrative Panel of Inquiry otherwise called the Ayua Panel were quashed, the 2nd Defendant can rely on the list and Report to substitute the Plaintiff's name with that of the 3rd Defendant."
The Plaintiff/1st Respondent then proceeded and claimed the following reliefs:-
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1
A declaration that by virtue of Section 34 of the Electoral Act, 2006, Political Parties seeking to substitute candidates must give 'Cogent and Verifiable' reason for the substitution.
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2
A declaration that the 1st Defendant's letter dated 5th February, 2007, which substituted the Plaintiff's name with that of the 3rd Defendant as P.D.P candidate for Southern Taraba Senatorial District, is null void and of no effect having failed to meet the requirement of Section 34 of the Electoral Act.
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3
A declaration that in view of the judgment of the Federal High Court, dated 27th March, 2007, wherein the E.F.C.C list and the Administrative Panel of Inquiry Report were quashed, the said list and report can no longer be a basis for substituting the Plaintiff's name with that of the 3rd Defendant.
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4
A declaration that by virtue of Section 34 of the Electoral Act, 2006, Political Parties seeking to substitute candidates must give 'cogent and verifiable' reason for the substitution.
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5
An order compelling the 1st Defendant to disregard the said letter of the 2nd Defendant and to re-insert or re-install the Plaintiff's name as the P.D.P senatorial candidate for Taraba South in the forthcoming Elections in all its Registers, Books, Ballot and other official documents."
The Appellant who was the main target in the claims in the suit, reacted by not only filing a counter affidavit to the affidavit in support of the Originating Summons but also filed a Notice of Preliminary Objection supported by an affidavit to the action against him. The ground of the Preliminary Objection was that the Plaintiff/1st Respondent was estopped from raising the issue of substitution of candidate in his action, the same having been raised and adjudicated upon in an earlier suit between the parties, by the Federal High Court, Abuja in Suit No. FHC/ABJ/M/126/07.
After hearing the parties on the Originating Summons and the Preliminary Objection to it, the learned trial Judge in a considered judgment delivered on 5th April, 2007, dismissed the Preliminary Objection and granted the reliefs claimed by the Plaintiff/1st Respondent. The Appellant, who was not satisfied with the decision of the trial Court, appealed against it to the Kaduna Division of the Court of Appeal, which after hearing the appeal, in a unanimous decision given on 18th July, 2008, dismissed the appeal and affirmed the decision of the trial Court. The Appellant, who is still dissatisfied with the judgment of the Court of Appeal, is now on a further and final appeal to the Supreme Court.
