ESO J.S.C. (Delivering the Leading Judgment): By an originating summons, the appellant M. O. Oloyo, an elected member of the Bendel State House of Assembly, as plaintiff in the Benin High Court, presided over by Ogbobine J., sought-
a declaration-
that the Speaker of the State House of Assembly is not competent to declare vacant his seat as the elected member for Akoko Edo Constituency, and an injunction-restraining the said Speaker, his servants and agents, from illegally preventing or interfering with his right to hold his seat as such elected member of the State House of Assembly.
As no oral evidence was led throughout the trial and the parties relied on affidavits as evidence in the case, I intend to set down these affidavits and counter-affidavits, as the case may be, and also the correspondence between the parties.
The affidavit of the appellant in support of his application for originating summons reads:
"1. I am the plaintiff herein and the elected member for the North Akoko-E…