The facts that gave rise to this appeal are as follows: In pursuit of its powers under the Electoral Act, the 1st respondent fixed April 26th 2011 for Governorship elections to take place in most states of the Federation. It fixed 28th February 2011 as the last date for the submission of nomination forms by candidates. The former Governor of Kogi State, Ibrahim Idris instituted an action before the Federal High Court against the 1st respondent claiming that gubernatorial election could not hold in Kogi State in April 2011, as his tenure would subsist until April 2012. The Governors of Adamawa, Bayelsa, Cross River and Sokoto States also instituted actions on similar grounds. The suits were consolidated.

In its judgment delivered on 23/2/2011 in consolidated suits nos: FHC/AB/CS/651/10, FHC/AB/CS/650/2010, FHC/AB/CS/648/2010, FHC/AB/CS/646/2010 and FHC/AB/CS/668/2010, the Federal High Court restrained the 1st respondent "from conducting any regular election for the office of Governor of Kogi State until the expiration of a period of four (4) years with effect from April 5, 2008 and/or not earlier than sixty (60) days to the expiration of the plaintiff's four years tenure on April 5, 2012," As a result, the 1st respondent cancelled the election scheduled for 26th April 2011 in Kogi State and fixed 3rd December 2011 as the new date for elections in that state. Accordingly, it released a new timetable of events for the conduct of primaries, submission of nomination forms, campaigns, etc.

By an originating summons filed on the 26th January 2012,the appellant as plaintiff commenced Suit No. FHC/AK/CS/31/2012 at the Federal High Court, hereinafter referred to as the trial court, seeking the interpretation of Section 68(1) (a) and (g) of the 1999 Constitution as amended and a declaration thereon that by virtue of the proviso to the section he is entitled to remain the elected member for Akure North/South Federal Constituency inspite of his defection from the Labour Party that sponsored him to the Action Congress of Nigeria, A.C.N. Appellant also urges that the defendants, the respondents herein, be restrained from howsoever tampering with his right to the Federal seat. He filed a six paragraph affidavit in support of his originating summons.

The 1st - 3rd respondents not only contested appellant’s claim, they counter-claimed against him. They assert that by virtue of the very proviso to Section 68(1) (g) of the 1999 Constitution as amended, the appellant who, on the basis of the factionalization or division in the Ondo State chapter of the Labour Party alone, defected to the Action Congress of Nigeria, automatically ceases to be the elected member for the Akure North/South constituency. It is defendants' prayers that the seat be declared vacant and the Independent National Electoral Commission ordered to conduct a bye election for the vacant seat. The 1st - 3rd respondents filed an eleven paragraph counter-affidavit in opposition to appellant's originating summons. Their counter-claim is supported by an affidavit, a further and better affidavit and written address.

Appellant's claim as contained in his originating summons and the 1st - 3rd respondents' counter-claim were taken together. The trial court in a considered judgment delivered on 30th May 2012, while dismissing appellant's claim granted 1st -3rd Respondents' counter-claim.

Dissatisfied with the trial court's decision, the appellant appealed to the Court of Appeal, Akure Division, hereinafter referred to as the court below, on a Notice of Appeal dated and filed on 26th June 2012 containing (10) ten grounds. The court in a well considered judgment delivered on 15th September 2014 dismissed the appeal and affirmed the trial court's decision.

Still aggrieved, the appellant has appealed to this Court.