JIMI OLUKAYODE BADA, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court, Abuja Nigeria, delivered on the 19th day of April 2007 in Suit No. FHC/ABJ/CS/90/2007 - Independent National Electoral Commission (INEC) v. Hon. C. I. D. Maduabum.
The learned trial Judge after hearing the application to set aside the default Judgment of the Court and striking out of the Suit brought by the 2nd Defendant now 2nd Appellant refused it on the ground that the application lacked merit.
Dissatisfied with the said Ruling the 2nd Appellant now appealed to this Court.
The Learned Counsel for the 2nd Appellant formulated three issues for determination as follows:-
"(1) Having joined the 2nd Appellant as a party to the action, was the trial Court competent to set aside the Order of joinder.
(2) Whether the learned trial Court was right when it refused to set aside its Judgment of 14th March 2007 in default of appearance.
(3) Whether the learned trial Judg…