Also since a Summons is a call of authority, as if, in the instant case, there was no authority backing up the originating summons, the 3rd defendant was not obliged to answer it. But to be on the safe side, the law allows a defendant, irregularly or wrongfully summoned either:- (a) to enter an appearance on protest or, (b) to enter a conditional appearance, and (c) then file a motion in the court, the trial court seized of the matter to set aside the Writ or Originating Summons on the ground complained of. This is the correct procedure which was successfully utilised in Skenconsult (Nig.) Ltd. & Anor. v. Ukey (1981) 1 S.C. 6 and in Ben Obi Nwabueze & Anor. v. Justice Obi Okoye (1988) 4 N.W.L.R. (Pt.91) 664; (1988) 10/11 S.C. 60 and which was not utilised unfortunately and to the detriment of the complaining defendant in Ezomo v. Oyakhire (1985) 1 N.W.L.R. (Pt.2) 195 at pp.202l203, (1985) 2 S.C. 260.
— Oputa, JSC. Saude v. Abdullahi (1989) – SC.197/1987