HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, delivered by Hon. Justice Olatoregun-Ishola J. on 1/3/2013. The facts which led to this appeal are as follows:
By an originating summons dated and filed on 1st November, 2012, the 1st and 2nd respondents (as plaintiffs at the lower court) commenced an action seeking a determination of the following questions:
1. Whether under S.109(1), (e) and (2) of the Constitution of the Federal Republic of Nigeria 1999, as amended, the 2nd defendant is under an obligation to declare the seat for Ukwuani Constituency of the 1st defendant vacant in the light of the 3rd defendant defecting from the 1st claimant to the Peoples Democratic Party.
2. Whether the 3rd defendant, by defecting to the Peoples Democratic Party from Democratic Peoples Party, has not lost his seat in the Delta State House of Assembly, in the light of S.109 of the Constitution of the Federal Repu…