NGWUTA JSC (Delivering the Lead Judgment): On 3 January 2011, the Peoples’ Democratic Party (PDP), the second respondent in this appeal, held its primary election to nominate its candidate for the Ahoada West Constituency seat in the Rivers State House of Assembly. The primary election was held at the Ahoada West Local Government Council Secretariat at Akinima. One Mr. Sunny Daniel was the returning officer. He was assisted by one Barrister Kingsley Ajuzieogu. The appellant and first respondent contested the primary election along with seven other contestants. The result of the primary election, asdeclared by the retunring officer, showed that the first respondent scored a total of 118 votes against the appellant’s 109 votes and consequently, he, first respondent, was declared winner by the returning officer.
Following his victory at the primary election, first respondent was presented the flag of his party, Peoples’ Democratic Party, by the Governor of Rivers State. The Peoples’ Dem…