(2003) JELR 44933 (CA)    

Court of Appeal  ·  CA/A/32/M/2003 ·  9 Apr 2003 ·  Nigeria
Other Citations
Abdulkadir v. Mamman [2003] 14 NWLR (Pt.839)1
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd defendants
political party
1st plaintiff
3rd defendant
national vice chairman
ex officio member
1st november
independent national electoral commission
learned trial judge
lower court
national chairman
senior counsel
3rd respondents
plaintiffs statement of claim
constitution of the alliance
protem national chairman
1st defendant
3rd defendants
abuse of the court process
court of appeal
domestic affairs of the party
internal activities of the party alliance
list of candidates
members of the national executive committee of the alliance
national convention of the alliance
national deputy chairman
national financial secretary
national welfare officer
only person
order of injunction
2nd appellants
2nd plaintiff
3rd plaintiff
4th respondents
chief ayo adebanjo
first national convention of the alliance
following grounds viz
following reliefs
high court of the federal capital territory
honourable court lack jurisdiction
leading judgment
learned trial judge of the lower court
mr chuba celestine egolum
mr. solomon asemota
said court
said list
statement of defence
subsequent statement of claim
trial proceedings

ODUYEMI, J.C.A. (Delivering the Leading Judgment): In the High Court of the Federal Capital Territory, Abuja, the 1st, 2nd and 3rd respondents herein, as plaintiffs took out an originating summons against the 1st and 2nd appellants herein together with the 4th respondents herein as 1st, 2nd and 3rd defendants respectively.

By a subsequent statement of claim, plaintiffs sought the following reliefs:

"1. A declaration that the 1st plaintiff was the only person empowered by the Constitution of the Alliance for Democracy to convene the first National Convention of the Alliance for Democracy.

2. A declaration that the plaintiffs were duly and properly elected at the National Convention of the Alliance for Democracy held at the Abuja Gardens in Abuja on Wednesday, 1st November, 2000 into the following offices:

1st plaintiff- National Chairman;

2nd plaintiff- National Deputy Chairman;

3rd plaintiff- National Vice Chairman (N.W.);

4th plaintiff- National Vice Chairman (S.E.);

5th plainti…

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