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OLABODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): The 2nd and 3rd respondents are members of the Peoples Democratic Party (PDP). Both of them contested the party primaries to enable the party choose its candidate for the Ughelli South Constituency in the Delta State House of Assembly, for the General Elections which was held in April 2015. The 3rd respondent claimed that he won the primaries, but his party (the appellant) substituted him with the 2nd respondent.
That is to say according to the 3rd respondent he was replaced by the 2nd respondent. The 2nd respondent's name was sent to the 1st respondent as the appellant's candidate for the General Elections, representing Ughelli South Constituency, in the Delta State House of Assembly. The 2nd respondent contested the General Elections and won. He has been, and is still in the Delta State House of Assembly as a member of the Delta State House of Assembly representing Ughelli South Constituency.
Dissatisfied with the appellant…