The respondent, Engineer (Dr.) Ezekiel Izuogu, was the plaintiff at the lower court in Suit No. LD/2988/91 in which he sued five persons as appearing in the writ of summons, and the National Electoral Commission was the 5th defendant. The 5th defendant at the lower court is now the 1st appellant and shall be henceforth so called.
The plaintiff's complaint at the trial court was that he won his party's nomination to contest the Governorship Election at a run-off held on the 8th day of December, 1991. Rather than fielding him as the candidate for the Governorship Election, his party fielded Dr. Alex Obi, who was the 1st defendant at the trial court to contest for the Imo State Gubernatorial election on the platform of the social Democratic Party (SDP).
The suit at the lower court was filed at the High Court of Lagos State judicial Division, holden at Lagos, in which the plaintiff claimed as follows:-
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1.
A declaration that the 1st defendant in the lower Court, who is a Medical Practitioner resident and carrying on business as Proprietor of Steps of Faith Hospital Owerri for more than 5 years having fraudulently procured a forged Tax Clearance Certificate from Lagos State allegedly under the PAYE System is not a fit and proper person to stand for election or to hold elective office on the ground that his activities are inimical to public morality, law order and ought not to be allowed to stand for election as Governor of Imo State.
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2.
A declaration that the 1st defendant in the lower Court is disqualified and was not entitled to be voted for and nominated at the primaries for the SDP Gubernatorial Elections in Imo State and that his purported nomination at the run-off election was a nullity.
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3.
An Order setting aside the election of the 1st defendant in the lower Court at the run-off elections held on the 8th day of December, 1991 and declaring the respondent herein duly nominated since he scored the highest number of valid votes at the run-off elections.
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4.
An Order directing that the 5th defendant in the lower Court (appellant herein) to hold a bye-election in respect of the post of Governor of Imo State on the basis that the respondent herein is the Social Democratic S.D.P Gubertorial Candidate."
