This is an appeal against the decision of the Court of Appeal, Abuja Division delivered on 21st day of March 2005, wherein the court of Appeal dismissed the Appellants' appeal and affirmed the decision of the trial High Court. The crucial issue is whether the 4th Respondent herein, Governor James Onanefe Ibori of Delta State has been properly and adequately identified by the Appellants, during the trial in the High Court, as the James Onanefe Ibori who was convicted by the Upper Area Court, Bwari in case No.CR-81-95, C.O.P v. James Onanefe Ibori on the 28th September, 1995 for the offences of negligent conduct and criminal breach of trust and sentenced accordingly. The matter started this way: On the 28th of September, 1995, the Upper Area Court Bwari FCT in a criminal case No.CR-81-95 convicted one James Onanefe Ibori for the offences of negligent conduct and criminal breach of trust under Summary Trial Procedure under the provisions of Section 157 of the Criminal Procedure Code of the former Northern Region of Nigeria, applicable to the Federal Capital Territory, Abuja. The said convict was sentenced to a fine of N1000 or one year imprisonment on the information.

On the 3/2/2003 Appellants herein filed suit FCT/HC/CV/321/ 2003 by Originating Summons in the High Court of the Federal Capital Territory (hereinafter referred to as FCT against Chief Audu Ogbe, Chief Vincent Ogbulafor, People’s Democratic Party and Independent National Commission (later struck out as a Defendant on the application of the Plaintiffs) seeking a declaration that James Onanefe Ibori is by virtue of the conviction aforesaid at Bwari Upper Area Court is not qualified to contest election as the 3rd Respondent's gubernatorial candidate for the 2003 Delta State Governorship Elections. The Plaintiffs also claimed injunctive reliefs aimed at restraining the 1st to the 3rd Respondents from presenting the said James Onanefe Ibori to the INEC as their candidate for the said elections. On being aware of the pending suit, the 4th Respondent herein, successfully applied to be joined as the 5th Defendant. At the trial after the close of pleadings, the trial Judge Mukhtar J. directed counsel to formulate the issue they considered "germane for the determination of the case." The Court having earlier admitted with the consent of all the parties the record of proceedings of the Upper Area Court Bwari in CR/81/95 - C.O.P v. James Onanefe Ibori as Exhibit A. The issue raised with the consent of all the parties was:-

After the address of counsel, in his Ruling delivered on, 24/3/2003, the learned trial Judge ruled on that narrow issue that there was "no conviction against the accused in that case", and dismissed the claims of the Plaintiffs in their Originating Summons. The Plaintiffs appealed against the ruling. The Court of Appeal after criticising the procedure adopted by the trial Judge, held that on the face of Exhibit A, there was a conviction of the person therein named as the accused. The Court however held that in order to determine the identity of the person convicted, made an order remitting the case to the, High Court for trial de novo in order to establish the identity of the convicted person.