MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): By an Originating Summons filed at the Federal High Court on March, 23rd 2007, the 1st - 4th Respondents challenged the eligibility of the Appellant to contest the April 14, 2007 gubernatorial election in Ondo State on the ground that he was disqualified by a Judicial Commission of Enquiry. Upon service of the originating processes on the Appellant and the 5th Respondent by the Bailiff of the lower court a notice of Preliminary Objection was filed by the Appellant challenging the jurisdiction of the lower court to entertain the matter on four grounds.
Parties were directed to file and exchange written briefs. The Appellant and the 1st - 4th Respondents filed and adopted their written submissions. In its considered ruling the lower court Coram: Abimbola Ogie J. dismissed the preliminary objection in its entirety. Dissatisfied, the Appellant filed a Notice of Appeal against the decision.
During the pendency of the suit the …