UGOCHUKWU ANTHONY OGAKWU, J.C.A.(Delivering the Leading Judgment): The 2nd Respondent in this appeal, Hon. Efe Godfrey Ofobruku represents Uvwie State Constituency of Delta State in the Delta State House of Assembly. He was sponsored by and elected on the platform of the 1st Respondent herein, the Democratic Peoples Party. At the proceedings of the Delta State House of Assembly on 6th March, 2012, the Speaker announced to the House that the 2nd Respondent had decamped to the Peoples Democratic Party (PDP).
The 1st Respondent found the decamping irksome, especially as it maintained that there was no division within its ranks and that it had not merged with any other political party. It consequently headed to the Federal High Court where it instituted an Originating Summons in Suit No. FHC/ASB/CS/81/2012, which suit was later renumbered as FHC/WR/CS/102/2013. It sought for the determination of the following question:
"Whether or not the 1st Defendant herein has not LOST HIS LEGISLATIVE…