AMINA ADAMU AUGIE, J.C.A.(Delivering the Leading Judgment): The Appellant was nominated by the Peoples Democratic Party [PDP] to vie for election into the Delta State House of Assembly representing Ika North East Constituency, but his name was substituted with that of Hon. Sam Obi, and he filed an action challenging the said substitution at the Federal High Court, Abuja. He thereafter, filed an Election Petition against the Respondent only at the Delta State Governorship and Legislative Houses Election Tribunal, wherein he averred as follows:-
3. Your Petitioner states that he was the validly nominated candidate of PDP and relies on the Federal High Court, Abuja Judgment of Hon. Justice Abimbola Ogie in the case of Dumbiri Ephraim Uweh V. INEC, which Judgment is yet to be obtained from the Court despite the fact that applications have been made for same as can be seen from the Petitioner's counsel letter dated 11th May, 2007 which is hereby pleaded and will be relied on in the trial o…