<p>IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Lokulo-Sodipe, J of the Ogun State High Court of Justice sitting in Abeokuta, delivered on the 28th day of June, 2002, allowing the motion on notice filed by the 2nd defendant/respondent/applicant and striking out the originating summons filed by the plaintiff, now appellant.</p><p> The antecedents of this appeal are that the appellant as the plaintiff took out an originating summons dated 16th April, 2002 in which he sought for the determination of the following question by the lower court:</p><p> &quot;Whether the 2nd defendant (Chief Olusegun Osoba), is not disqualified for another election to the office of Governor of Ogun State after 1999, by virtue of the provisions of Section 182(1)(b) of the Constitution of the Federal Republic of Nigeria 1999?.&quot;</p><p> The plaintiff/appellant embodied in the same originating summons the following titled &#x27;Further Claims&#x27;.</p><p> &quot;(i) A declaratory order that the 2nd defendant/respondent…</p>