WALTER SAMUEL NKANU ONNOGHEN, J.S.C.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal holden at Benin City in appeal No. - CA/B/237/2012 delivered on the 22nd day of May, 2013 in which the court resolved the two issues calling for determination in favour of appellant but concluded by allowing the appeal in part and dismissed the claims of the appellant who was the 1st plaintiff at the trial court in suit No. FHC/ASB/CS/110/2011.
The facts of the case include the following:
The 2nd respondent, together with the present appellant are members of the 4th respondent, Democratic Peoples Party (DPP), a registered political party, the 2nd plaintiff in the suit. The 1st plaintiff is the present appellant, while the 2nd plaintiff is the 4th respondent in this court.
The present 2nd respondent contested and won the primary election of the 4th respondent for the election into Ugelli North Constituency II for the Delta State House of Assembly. Later…