The appeal here is against the judgment of the Court of Appeal (Enugu Division) delivered on the 22nd of May 2007 dismissing the appeal of the Appellant herein against the judgment of the Federal High Court, Enugu Division delivered on the 30th of March 2007 in suit No. FHC/EN/CS/27/2007: Peter Obi v. Independent National Electoral Commission in which the trial Court declined jurisdiction to adjudicate in the matter placed before it. Suffice it to say that by Originating Summons dated 12th of February 2007 and filed the same date, the Appellant, who was the Plaintiff before that Court had claimed for the determination of the following questions:-

Simultaneously, he prayed for the following orders:-

The originating summons was supported by a 15-paragraph affidavit. The Defendant entered a conditional appearance. The present 2nd and 3rd Respondents filed an application on the 23rd of February 2007 praying the Court for an order joining them as Defendants in the suit. The 1st Defendant/ Respondent filed a Notice of Preliminary Objection on the 26th of February 2007 challenging the jurisdiction of the trial Court to entertain the suit. The 4th and 5th Respondents also brought an application filed on 2nd March 2007 praying the trial Court to join them as 4th and 5th Defendants respectively to the summons. So also the 6th and 7th Respondents had applied to be joined in the suit as Defendants. The other Respondents after being joined as parties, upon their applications, filed written applications, and addresses challenging the competence of the action. In his 15-paragraph affidavit in support of the originating summons, the Plaintiff/Appellant had deposed that sequel to the election" for the Governorship of Anambra State on the 19th April 2003, Dr. Chris Ngige was wrongfully declared the winner by the 1st Respondent (Independent National Electoral Commission). Dissatisfied with the said declaration of results, the Appellant lodged a petition at the Election Petition Tribunal. The declaration was set aside by the Tribunal and it was held that the Appellant, who secured the majority of the lawful votes cast at the election was the candidate duly elected. The appeal lodged by Dr. Chris Ngige to the Court of Appeal (Enugu Division)'against the decision of the Election Petition Tribunal was dismissed and the appellate Court upheld the decision of the Tribunal, consequent upon which the Appellant (Peter Obi) was sworn in as the Governor of Anambra State on the 17th of March, 2006.

The basis of the Appellant's case before the trial Court as can be gathered from the questions posed by him for determination by the trial Court as set out above; by me, is that by the provisions of Section 180(2)(a) of the Constitution of the Federal Republic of Nigeria 1999, his four-year tenure of office commenced from the date he was sworn in as the Governor of Anambra State; that is 17th March, 2006 and that election into that Office ought not be proposed for 14th April 2007 as the 1st Respondent planned to do; for by necessary inference, that office would not be vacant on 14th April, 2007.

By a motion on notice dated and filed on 28th February 2007, the Plaintiff/Appellant prayed the trial Court for accelerated hearing of the proceedings/pending applications including the accelerated reference of the questions formulated by him to the Court of Appeal for adjudication. The questions formulated for reference to the Court of Appeal as set out in the body of the motion are as follows:

After taking arguments of all counsel on the motions and the preliminary objection as to jurisdiction; in a considered ruling delivered on the 30th of March 2007, the learned trial Judge held that questions 2-7 do not constitute materials for reference to the Court of Appeal and he consequently dismissed the motion for reference. On the most important issue which is issue No. 1 relating to matter of jurisdiction, the learned trial Judge declined jurisdiction to entertain the summons, he therefore struck out the summons. The Appellant, being dissatisfied with the decision, lodged an appeal to the Court below (Court of Appeal) following the exchange of briefs among the counsel and taking of their respective arguments on the said briefs filed, the Court below, in a reserved judgment delivered on the 22nd of May 2007, dismissed the appeal in toto. In so doing, it held, inter alia, that the reliefs sought by the Appellant were mainly election matters which according to it, were within the exclusive jurisdiction of the Election Tribunal and therefore the Federal High Court lacked the jurisdiction to entertain same and that by extension, following its holding that it was the Election Tribunal that was vested with jurisdiction power in the matter, the Court below (the Court of Appeal) could not invoke the provisions of Section 16 of the Court of Appeal Act and adjudicate in the substantive matter. The Court below also upheld the preliminary objection raised by the 1st Respondent against ground 4 of the grounds of appeal and issue No. 4 in the Appellant's brief to the effect that the trial Court having refused to make, a reference, should have proceeded to pronounce on the merits of the case for reason that it was not raised before the trial Court. Again, being dissatisfied with the decision of the Court below, the Appellant appealed to this Court