AUGIE, J.S.C. (Delivering the Leading Judgment): On 25/2/2020, the third cross respondent (INEC) published the name of the cross appellant as the candidate of the second cross respondent at the bye-election for Babura/Garki Federal Constituency of Jigawa State, scheduled to be conducted by the third cross respondent on 14/3/2020.
On 3/3/2020, the first cross respondent, as the plaintiff, took out an originating summons at the Federal High Court, wherein he alleged that the cross appellant made false representations regarding his name in his INEC Form EC9 that was submitted to the third cross respondent [INEC].
In response, the cross appellant filed two processes, a counter affidavit and notice of preliminary objection, wherein he prayed the trial court for:
- An order setting aside the service on the 2nd defendant of the originating summons and directing the plaintiff to serve the 2nd defendant in strict compliance with the provision of section 31(7) of the Electoral Act, 2010.
- An order tha…