AUGUSTINE AGBANOMOVO, PEOPLE'S DEMOCRATIC PARTY (PDP), PRINCE GODDY OGORUGBA (CHAIRMAN PDP ISOKO NORTH LGA DELTA STATE) V. EMMANUEL KARO IGBUKU & DELTA STATE INDEPENDENT ELECTORAL COMMISSION (DSIEC)

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, Ozoro Judicial Division, which was delivered on the 20th day of December, 2017 by Hon. Justice A.O. Akpovi in Suit No: HCZ/50/2017. 

SUMMARY OF RELEVANT FACTS: 

By an Originating Summons filed on the 30th day of November, 2017 the 1st Respondent set out three questions for the determination of the lower Court, and upon the resolution of the questions the 1st Respondent sought four reliefs. The case of the 1st Respondent in the main was that on 20th day of October 2017, he by consensus was nominated as the flag bearer of the 2nd Appellant for the Otor-Owhe Ward 1 in the elections slated for 6th day of January, 2018. The 1st Respondent alleged that contrary to the provisions of the Electoral Act his name was substituted with that of the 1st Appellant. 

In reaction to the originating summons, the Appellants on 12th day of December 2017, filed a counter aff…