The Supreme Court has struck out an appeal by Senator Stephen Odey seeking to be declared the authentic candidate of the Peoples Democratic Party (PDP) in the December 5, 2020 by-election in Cross River North Senatorial District.
In a split decision of four to three, the apex court, in a majority decision read by Justice Centus Nweze on Thursday, held that the appeal was defective and lacked merit.
However, the minority judgment delivered by Uwani Abba-Aji disagreed that the service of processes was defective, and that the processes were effectively served.
The minority judgment therefore held that the appeal had merit and should have been allowed.
Odey had challenged the decision of the Court of Appeal, Abuja, which voided his candidacy in the by-election.
He had filed the action against Jarigbe Jarigbe, John Alaga and the Independent National Electoral Commission (INEC) as respondents.