Summary Presentation of the Facts 5. By Application dated 9th May, 2005, lodged at the Registry of Court on 12th May, 2005, and served on all the opposing Parties, the Applicant asserts having been declared elected as a Member the House of Representatives of Idemili North, South Federal Constituency of Nigeria, on the 16th of April, 2003 by the Independent National Electoral Commission; that not satisfied the said declaration, Dr. Christian Okeke filed a petition (an appeal) at the Governors' and House of Representatives Tribunal (Electoral Tribunal) at Awka to contest the declaration that Jerry Ugokwe was duly elected by the Independent National Electoral Commission. 6. The aforementioned Tribunal, before which the matter was brought, delivered its judgment on 30th November, 2004, annulling the election of the Applicant. The latter filed an appeal dated 10th December, 2004 against the Decision of the Tribunal; the Appeal Court, by its Judgment of 5th May, 2005, dismissed the Appeal and confirmed the earlier decision against which the appeal was filed. This is the reason why the Applicant, Dr. Jerry Ugokwe has brought the case before the ECOWAS Community Court of Justice that his right to fair hearing has been infringed upon by the Electoral Tribunal and by the Federal Appeal Court of Nigeria. 7. By a second Application dated the same day, on 9th May, 2005, and lodged at the Registry of the Court on 12th May, 2005, the Applicant asked for a special interim Order for restraining the Independent National Electoral Commission (considered hereby under the person of the Federal Republic of Nigeria) from invalidating the certificate of attestation declaring him elected as Member of the National Assembly for his electoral constituency; nor grant the said certificate to another person; nor, take any steps towards replacing him with another person, under the pretext of executing any decision pending the determination of the case. Furthermore, he is seeking an order preventing the Federal National Assembly from relieving him of his position as Member of the said Assembly representing Idemili North Zone of the constituency. 8. The lawyer of the Defendant, Mr. Ayodeji Akande Esq., filed an Application dated 13th June, 2005, whereby he raised the issue concerning the incompetence of the Court to adjudicate on the matter. 9. The Counsel of the Intervener, Mr. Jude Okeke Esq., filed his Application dated 1st June, 2005, applying to be joined to the suit as a defendant. He stated therein that on 12th and 16th April, 2003, he stood for office for the election of Members of the House of Representatives to the Idemili North Zone, in the South Federal Constituency of the Anambra State of Nigeria; that he won the elections, and that he received from the hands of the Electoral Officer in charge of the constituency in question, a certificate of return proving that he had been elected; but that this certificate of return was later invalidated by the Permanent Representative of the Electoral Commission for Anambra State. That he was replaced by the latter, whereas the Applicant was not a candidate to the said elections. 10. The Intervener contends that he filed an appeal at the Elections Tribunal against the cancellation of his certificate of attestation, and against his replacement by the Applicant; that the Tribunal decided the case in his favour by declaring him elected; but that, not satisfied with the Judgment delivered by the Elections Tribunal, the Applicant filed an appeal at the Court of Appeal on the same matter. That the Court of Appeal delivered a Judgment confirming the decision of 5th May 2005; that it is against this particular decision of the Federal Court of Appeal, which sat at Enugu, that the Applicant appeared before the ECOWAS Community Court of Justice - to make claims against the Federal Republic of Nigeria. That, following these facts, the Attorney General and Minister of Justice of Nigeria addressed a letter to the Speaker of the House Representatives, informing him of the order not to swear him in until the case is fully settled by the Community Court of Justice, ECOWAS. 11. In not being served as a Party to the present case, the Intervener submits being affected by the filing of this suit before the Court, and requests to be joined to the proceedings as Intervener-Defendant. Arguments of the Parties 12. The lawyer for the Applicant, Wole Adebayo Esq., claimed that the Applicant appeared before the Court on the strength of several Articles reflected in its legal document and contained in (i) the Protocols on the ECO WAS Court of Justice, (ii) African Charter on Human and Peoples' Rights (iii) Universal Declaration of Human Rights (iv) Section 36 of the 1999 Constitution of the Federal Republic of Nigeria. He submitted the following grievances: 2