HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Asaba delivered on the 27th of June, 2012 in Suit No. FHC/ASB/CS/110/2011. Notice of appeal was dated and filed on 13/7/2012. The facts that led to this appeal are as follows:
The Appellant and the 4th Respondent herein were the plaintiffs at the trial court. The present 1st and 2nd Respondents to this appeal were the two Defendants at the trial court. The present 3rd Respondent was initially not a party having not been sued by the Plaintiffs at the trial court.
However, he brought a motion to join the suit as an interested party claiming to be the one with the legitimate highest number of votes at the primary election and ought to have been the candidate of the party. He was joined as the 3rd Defendant. For clarity, let me set out the circumstances and the claims of the Plaintiffs at the trial court. The 1st Respondent conducted election of membershi…