The respondents, herein, as plaintiffs at the Federal High Court, sitting at Abuja (trial court) commenced by a writ of summons, the suit which gave rise to this appeal. Their claims were as follows:
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1
“A declaration that by virtue of section 7[4] of the 1999 Constitution, section 10[1][2][3][4] of the Electoral Act, 2008, S.11[4] of the Electoral Act, 2006 and S. 16 of the Electoral Act, 2006, Abia State Independent Electoral Commission has no power to conduct elections for Local Government Councils on the 19th day of May, 2007 in the absence of Voters' register.
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ii
A declaration that any purported method for the conduct of the forthcoming local government elections which runs contrary to the provisions of the Electoral Act, 2006 and the 1999 Constitution is unconstitutional null and void.
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iii
An order of mandatory injunction restraining Abia State Independent National Electoral Commission from holding and or conduction local government elections in Abia State on the 19th day of May, 2007 or any other date until the voters register is dully corrected, updated and issued by the Independent National Electoral Commission.
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iv
In the Alternative, an order mandating Independent National Electoral Commission to forthwith release and make available to the Abia State Independent Electoral Commission voters’ register in compliance with Section 16 of the Electoral Act, 2006. (see Record pages 7 - 8).
By an interim order made on the 17th day of May, 2007, the trial court restrained the Abia State independent Electoral Commission, the appellant herein, from conducting Local Government elections in Abia State on the 19th day of May, 2007. According to the appellant, it entered a conditional appearance to the respondents' suit. On the 22nd of May, 2007, the appellant filed a motion on notice challenging the jurisdiction of the Federal High Court to entertain respondents' suit. After taking arguments on the preliminary Objection, the trial court dismissed appellants Preliminary. The appellant appealed to the court below against the dismissal of its Preliminary Objection. The court below on the 4th of June, dismissed the appeal. The appellant further appealed to this court.
