HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of the Federal High Court, Asaba delivered by Hon. Justice C. M. A. Olatoregun-Ishola on 01/03/2013 wherein the learned trial judge ordered that the appellant hereiry conduct a fresh election for Ukwuani Constituency of the Delta State House of Assembly. Below are the facts that led to this appeal:
The 5th respondent contested and won in Ukwuani constituency in the Delta State House of Assembly election in the April 2011 election organized and coordinated by the appellant. On 13/09/2012, the 5th respondent wrote to the 1st and 2nd respondents a letter informing them of his resignation from the Democratic People's Party. The grounds upon which the 5th respondent resigned from the party include division, fractionalization, disaffection and unresolved crises. The DPP, through the party secretary then wrote to the 4th respondent urging him to declare the seat occupied by the 5th re…