“I agree with learned counsel for the respondents that there is no appeal against the above specific finding by any party to this appeal and same remains forever binding on parties. See Akere v Governor of Oyo State(supra). See also Ewinstel Nigeria Ltd. Abia(2011) LPELR-4132(CA) where it held in the following manner:-
“Indeed, where as in the instant case, an aggrieved party complains of non service, particularly an originating process, such a party is raising a fundamental issue which challenges the competence and jurisdiction of the court to entertain the matter, talk less of determining the same. Thus, where as in the instant case such a party establishes the non service in question complained of the entire proceedings become a nullity and either the trial court or an appellate court, is duly bound to set it aside. Failure to effect service where it is highly required is a fundamental vice of a monumental dimension or cataclysmic proportion, which will engender a destructive and devastating effect on the case, as it goes to the core of it, Indeed, it is the service of the process on the adverse party that confers the court with the competence and jurisdiction on the matter. Without it the court will be left stranded and floundering like a fish out of water. Where there is a disconnect or failure to serve a party who deserves to be served; the party concerned is entitled ex debito justitiae to have the order which emanated therefrom, to be set aside as a nullity. See Mbadinuju vEzuka (1994) 8 NWLR(Pt. 364) 5; Mark v Eke (2004)5 NWLR(Pt. 865)54; Ononye v Chukwuma (2005) 17 NWLR (Pt. 953)90, per Oredola, JCA(pp.21-22, paras. E-D)’. PER M. U. PETER-ODILI, J.S.C., in
