ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering The Leading Judgment): This appeal is from the judgment of the Federal High Court Abuja in Suit No. FHC/ABJ/CS/881/2020, delivered on the 13th January, 2021.
In order to participate in the Ondo State Governorship election, the 2nd Respondent herein (APC), conducted a primary election on 20th July, 2020. The Appellant, who was the Plaintiff at the trial Federal High Court, the 1st Respondent herein, together with ten other persons, participated in the primary election. The 1st Respondent scored 2,458 votes and was declared the winner. The Appellant scored two votes at the primary election. The Appellant was dissatisfied with the conduct of the primary election and therefore took out an Originating Summons, filed on 29th July, 2020, before the trial Court, making the Governor of Ondo State the 1st Defendant, rather than Oluwarotimi Odunayo Akerodolu SAN who was the person who actually participated and won the primary election. The Appellant claim…