On the 23rd day of March, 2007, Chief Benson Chuks Nwawulu, the Planitiff/1st Respondent, caused to be issued an originating summons against INEC, the 2nd Defendant at the Federal High Court, Enugu in suit No. FHC/EN/CS/79/2007, whereupon he sought declaratory reliefs and Orders of that Court, that as the proper Candidate nominated by the Peoples Democratic Party (PDP) for Ogbaru 1, State Constituency in Anambra State having contested in the Primaries and won,- his name was wrongfully, substituted less than sixth days to the election held on the 14th of April, 2007.

The originating summons was supported by a 22 paragraphed affidavit and an 8 paragraphed Affidavit of Urgency.

At the end of the hearing, the learned trial Judge, after reviewing and evaluating the evidence and the addresses of Counsel, dismissed the claims of the Appellant resulting in an appeal to the Court of Appeal. The Court of Appeal also dismissed the appeal.

Further affidavit was also filed on 5th day of April 2007.

On the 24th day of April, 2007 Counsel for the 2nd and 3rd Defendants filed a motion on notice at the trial Court praying the Court for "An Order striking out/dismissing this suit on the ground that this Honourable Court lacks the jurisdiction to grant the reliefs which the Plaintiff is seeking."

It is the ruling on the above motion that resulted in the appeal to the lower Court and subsequently the further appeal to this Court.

There are three appeals as a result of the judgment of the lower Court delivered on the 10th of July, 2008 reversing the ruling of the trial Court. The three Defendants/Respondents before the lower Court have each appealed to this Court which appeal was, by an order of this Court consolidated.