INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) V. DEMOCRATIC PEOPLES’ PARTY MR. CHUKWUMA DAFIKPAKU DELTA STATE HOUSE OF ASSEMBLY THE SPEAKER, DELTA STATE HOUSE OF ASSEMBLY DR. ALPHONUS CHUKWUTEM OJO

OGUNWUMIJU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Federal High Court, Asaba, delivered Hon. Justice C. M. A. Olatoregun-Ishola on 1 March 2013, wherein the learned trial Judge ordered that the appellant herein conduct a fresh election for Ukwuani Constituency of the Delta State House of Assembly. Below are the facts that led to this appeal: The 5th respondent contested and won in Ukwuani Constituency in the Delta State House of Assembly election in the April 2011 election organized and coordinated by the appellant. On 13 September 2012, the 5th respondent wrote to the 1st and 2nd respondents a letter, informing them of his resignation from the DemocraticPeoples’Party. The grounds upon which the 5th respondent resigned from the party include division, fractionalization, disaffection and unresolved crisis. The Democratic Peoples’Party, through the party Secretary, then wrote to the 4th respondent urging him to declare the seat occupied by the…