The facts which brought about the two appeals are herein under stated.

The appellant contested and won the Akure North/South Federal Constituency seat on the platform of the Labour Party. He abandoned the party and defected to the Action Congress of Nigeria the A.C.N. He asserts that the factionalization or division in the Ondo State chapter of the Labour Party accounts for his defection to the Action Congress of Nigeria.

By an originating summons filed on the 26th January 2012,the appellant as plaintiff commenced Suit No. FHC/AK/CS/31/2012 at the Federal High Court, hereinafter referred to as the trial court, seeking the interpretation of Section 68(1) (a) and (g) of the 1999 Constitution as amended and a declaration thereon that by virtue of the proviso to the section he is entitled to remain the elected member for Akure North/South Federal Constituency inspite of his defection from the Labour Party that sponsored him to the Action Congress of Nigeria, A.C.N. Appellant also urges that the defendants, the respondents herein, be restrained from howsoever tampering with his right to the Federal seat. He filed a six paragraph affidavit in support of his originating summons.

The 1st - 3rd respondents not only contested appellant’s claim, they counter-claimed against him. They assert that by virtue of the very proviso to Section 68(1) (g) of the 1999 Constitution as amended, the appellant who, on the basis of the factionalization or division in the Ondo State chapter of the Labour Party alone, defected to the Action Congress of Nigeria, automatically ceases to be the elected member for the Akure North/South constituency. It is defendants' prayers that the seat be declared vacant and the Independent National Electoral Commission ordered to conduct a bye election for the vacant seat. The 1st - 3rd respondents filed an eleven paragraph counter-affidavit in opposition to appellant's originating summons. Their counter-claim is supported by an affidavit, a further and better affidavit and written address.

Appellant's claim as contained in his originating summons and the 1st - 3rd respondents' counter-claim were taken together. The trial court in a considered judgment delivered on 30th May 2012, while dismissing appellant's claim granted 1st -3rd Respondents' counter-claim.

Dissatisfied with the trial court's decision, the appellant appealed to the Court of Appeal, Akure Division, hereinafter referred to as the court below, on a Notice of Appeal dated and filed on 26th June 2012 containing (10) ten grounds. The court in a well considered judgment delivered on 15th September 2014 dismissed the appeal and affirmed the trial court's decision.

Still aggrieved, the appellant has appealed to this Court.