OLABODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): The appellant and the 3rd respondent are members of the PDP. In 2015 the PDP conducted primaries to enable it choose its candidate for the Ughelli South Constituency in the Delta State House of Assembly, for the General Elections which was held in April, 2015. Both of them contested the primaries. The plaintiff/3rd respondent claimed he won the primaries, but the 2nd respondent substituted him with the appellant and forwarded the appellant's name to the 1st respondent as the candidate of the PDP for the Ughelli South Constituency at the General Elections. Frustrated by the turn of events the 3rd respondent as plaintiff filed an amended Originating Summons on 21 May, 2015 wherein he sought the determination of the following questions:
1. Whether the National Working Committee of the Peoples Democratic Party (PDP) is empowered to conduct primaries and present candidates to Delta State House of Assembly elections scheduled for …