JOHN INYANG OKORO, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Abuja Division, delivered on 17th July, 2017 wherein the lower Court dismissed the appeal of the Appellant against the ruling of the Federal High Court Abuja, delivered on 16th December, 2016. The Federal High Court had in its ruling dismissed the appellant's objection challenging the service of the originating summons and other processes in this case.
The salient facts giving birth to this appeal as garnered from the record of appeal are that the Appellant herein had emerged the winner of the primary election of the 2nd Respondent, conducted on the 3rd day of September, 2016 in Ondo State to elect the candidate of the 2nd Respondent for the election to the office of Governor of Ondo State slated for the 26th of November, 2016.
Dissatisfied with the outcome of the primary election, the 1st Respondent by way of an Originating Summons and its accompanying processes filed…