This Appeal relates to a pre-election matter. The Appellant and the third Respondent participated in the Taraba North Senatorial District primary election conducted by the first Respondent on 11/12/2016, and the third Respondent was declared the nominated candidate.

Dissatisfied with the state of affairs, the Appellant instituted an action against the first and second Respondents only at the High Court of the Federal Capital Territory, Abuja, wherein he questioned the eligibility of the third Respondent to vie for the senatorial seat.

The third Respondent was not listed as a Party in the original Originating Summons filed on 18/12/2014 but the Appellant applied and was granted leave of Court to join him as a Party on 23/12/2014 which resulted in the first amendment of the Originating Summons.

The first Respondent filed a Counter-Affidavit to the Amended Originating Summons, wherein it was averred in paragraphs 27- 30 - 27. On 30/12/2014, Alh. Garba Umar (third Respondent) wrote to the 1st Defendant (PDP) a letter of withdrawal from contesting the Taraba North Senatorial seat under the platform of the 1st Defendant. He was consequently substituted with the 4th Defendant, Alh. Sani Abubakar Danladi.

The Appellant filed an amended originating summons wherein he sought the determination of whether by the combined provisions of Section 87(1), (2) (c) (i) and (ii) of the Electoral Act, 2010 (as amended), Chapter VIII Section 50(1) (2) of the 1st Defendant's Constitution and Part V, Articles 22 (i), 24 (1) b, c, and e and 25 (v) of the 1st Defendant's Guidelines for Primary Election 2014, it is mandatory for the 1st Defendant to present its Senatorial candidate from among the aspirants who had expressed interest, screened for same and actually participated with the highest number of votes in the primary election for senatorial positions among other questions.

Appellant sought a declaration that it is mandatory for the 1st Defendant to present its Senatorial candidate ONLY from among the aspirants who had expressed interest to contest, having been screened and actually participated in the primary for the senatorial election.

Appellant also sought a declaration that the 1st Defendant cannot validly effect substitution of the 3rd Defendant with the 4th Defendant as candidate for the senatorial seat without regard to the result and outcome of the primary election.

The Appellant also sought an order setting aside the purported substitution of the 3rd Defendant with the 4th Defendant as the Senatorial candidate of the 1st Defendant for Taraba North Senatorial District and disqualifying him from participating in the National Assembly Election slated for 28/3/2015, injunctive reliefs amongst others.