ALHAJI SEFIU ADEGBENGA KAKA V. CHIEF ADEBISI ADEGBUYI & ORS.

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The 1st respondent took an originating summons against the appellant and the 2nd - 3rd respondents at the Federal High Court, Abeokuta, (the court below) in which a preliminary objection by the appellant to get rid of the suit was overruled by the court below, hence the appeal on the refusal of the court below to uphold the appellant's preliminary objection.

Bereft of details, the appellant and the 1st respondent were at all material times card carrying or registered members of the 2nd respondent political party. The 2nd respondent was statutorily required to hold democratic primaries under its constitution to choose or nominate its candidate for the senatorial seat of Ogun East Senatorial District at the general elections of 2.4.2011. The appellant's case was that he emerged the unopposed candidate at the primaries after the 1st respondent voluntarily withdrew from the race. The appellant's name was then forwarded to t…