HON. EFE GODFREY OFOBRUKU V. DEMOCRATIC PEOPLES PARTY & ANOR

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court, sitting at Warri, Delta State, Coram Judice: Hon. Justice M. Shitu Abubakar, J., in Suit No. FHC/WR/CS/102/2013 delivered on 27th May, 2014.

The facts leading to the appeal as can be gleaned from the cold printed records are as follows:

The Appellant on record, who was the 1st Defendant at the Lower Court is a member of the Delta State House of Assembly representing Uvwie State Constituency. He was elected on the platform of the Democratic Peoples Party, the 1st Respondent herein, which was the Plaintiff at the Lower Court. At the proceedings of the Delta State House of Assembly on 6th March 2012, the fact of the Appellant having decamped from the Democratic Peoples Party to the Peoples Democratic Party was announced on the floor of the House of Assembly. Subsequently, the 1st Respondent filed an Originating Summons at the Lower Court for the determination o…