PEOPLES DEMOCRATIC PARTY V. PRINCE UZOMA IDABOH & ORS

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): In Suit No. FHC/ASB/CS/21/2015, instituted by way of an originating summons in the Federal High Court, Asaba Judicial Division, holden at Asaba, Delta State, the 1st respondent was the claimant. The 2nd respondent, 3rd respondent and the appellant were the 1st defendant, 2nd defendant and 3rd defendant, respectively, in the said suit. As the claimant in the said suit, the 1st respondent sought the following relief:

1. A DECLARATION that the plaintiff, having won the primary election of the 3rd Defendant conducted on 29/11/2014 is the validly nominated candidate for Aniocha-North Constituency in the Delta State House of Assembly election fixed for 28th February, 2015.

2. AN ORDER of this Honourable Court compelling the 3rd Defendant to forward the name of the plaintiff to the 1st Defendant as his candidate for Aniocha-North Constituency in the Delta State House of Assembly election fixed for 28th February, 2015.

3. AN…