HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal by the plaintiff (now Appellant) against the judgment of the Hon. Justice N. I. Buba of the Federal High Court sitting in Asaba delivered on 27th June 2012 in Suit No. FHC/ASB/CS 32/2011, a pre-election suit commenced vide originating summons on 8th February, 2011 by the Plaintiff against the Defendants now Respondents.
This appeal arose from the primary election of the 2nd respondent, Democratic Peoples Party (DPP), conducted and held on the 13th day of January, 2011, to elect a candidate to contest the main election, which was held and conducted by the 3rd respondent, INEC, on the 26th day of April, 2011, on the platform of the 2nd respondent, in respect of the seat of Ughelli North Constituency II in the Delta State House of Assembly.
In that primary election, the 1st, 4th, 5th respondents and one other person and the appellant were the 5 (five) contestants (candidates). At the end of the primar…