UGOCHUKWU ANTHONY OGAKWU, J.C.A.(Delivering The Leading Judgment): On 10th March, 2012, the Peoples Democratic Party, the 2nd Respondent herein, held its Congress to elect the party officials for the Local Government Chapter of the Party in Delta State. The Appellant claims to have been duly elected the Chairman of the Peoples Democratic Party for Oshimili South Local Government Area at the said Congress. However, the Appellant alleges that the State Chairman of the party was attempting to replace him with the 1st Respondent who did not contest the election for Chairman of the Oshimili-South Local Government Area Chapter of the Peoples Democratic Party.
Based on this allegation, the Appellant instituted proceedings at the Federal High Court, Asaba Division in Suit No. FHC/ASB/CS/121/2012 by way of Originating Summons for the determination of the following questions:
"1. Whether upon the interpretation of the Peoples Democratic Party (PDP) Constitution of 2009 (as amended), and the PDP…