This appeal is against the decision of the Calabar Judicial Division of the Court of Appeal delivered on the 8th of July. 2008 dismissing the earlier appeal against the decision of M. O. Eneji J. f the Akamkpa Judicial Division of the High Court of Cross-River State on the 2nd of November, 2007.

The action itself was commenced at the High Court on the 23rd of October, 2007 by way of an originating summons. The Plaintiffs who were the Appellants at the Court below and also the Appellants herein sued for themselves and on behalf of all other members of the Peoples Democratic Party (PDP) Akamkpa chapter, excepting the 2nd Defendant and his supporters. They were also described in the summons as aspirants to the position or office of the chairman of Akamkpa Local Government Council under the platform of the PDP for the 2007 Local Government Election and/or the party's stalwarts in the Local Government Area.

Each of the 1st and 2nd Defendants Respondents filed a counter affidavit on the 1st November. 2007. To the counter Affidavit of the 2nd Defendant Respondent were attached Exhibits EA 1, EA 2, EA 3, and EA 4 - EA 7. Earlier, on the 19th October, 2007 there were two counter-affidavit of disassociation deposed to by Lawrence Ogar and the other by Alhaji Ibrahim Iransina.

On behalf of the parties learned Counsel submitted written as well as oral addresses. In its; judgment on the 2nd of November, 2007, the trial Court per Eneji J. struck out the suit for lack of clear proof.

The Plaintiffs were not satisfied with said judgment and proceeded on appeal to the Court of Appeal by their Notice of Appeal dated the 2nd of No filed on the 8th November, 2007. There behalf of the parties, filed and exchange subsequently heard. In its unanimous judgment of July, 2008 the appeal was dismissed.