TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellant and the 1st respondent, along with six other candidates, participated in the primary election of the 4th respondent, in order to determine who amongst them would flag the banner of the 4th respondent for the 16th April, 2011 House of Assembly election in respect of the member representing the Oshimili - South Constituency, in the Delta State House of Assembly. The 1st respondent said he won the said primary election with 105 votes whilst the appellant scored 26 votes. The 2nd respondent published the name of the appellant as the candidate of the 4th respondent for the election of 16th April, 2011. The 1st respondent protested to the 2nd and 4th respondents and insisted that the publication of the appellant's name as the candidate of the 4th respondent be corrected because according to him, having scored the majority votes of 105, he was the winner in that election and not the appellant.
The 2nd and 4th responde…