Customer Support

ABEGUNDE
V.
THE ONDO STATE HOUSE OF ASSEMBLY & ORS

(2014) JELR 36465 (CA)

Court of Appeal 15 Sep 2014 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant, a member of the House of Representatives, filed a lawsuit seeking relief to defect from the Labour Party to the Action Congress of Nigeria due to internal party crisis. - The trial court dismissed the appellant's suit and g

Case Details

Suit Number:CA/AK/110/2012
Judges:ADZIRA GANA MSHELIA JCA AYOBODE OLUJIMI LOKULO-SODIPE JCA JAMES SHEHU ABIRIYI JCA FATIMA OMORO AKINBAMI JCA BOLOUKUROMO MOSES UGO JCA
Counsel:O. Akinosun with A. Adedoyin, Esq., and J.O. Ezenweani, Esq. For the Appellant; Eyiyato Jegede, Attorney-General Ondo State (SAN) with C. K. Akinrinsola (DCL) Ministry of Justice Ondo State and H. M. Falawo (SLO) for 1st, 2nd and 3rd Respondents; Olabode Olanipekun with Bolarinwa Awujoola, Esq., for the 4th, 9th and 13th Respondents; Tolu Babaleye with Apanishile Akin, Esq., for the 5th and 7th Respondents; Adeolu Ajayi for the 6th, 8th and 10th Respondents.

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): By an originating summons dated 25th January, 2012 and filed on the 26th January, 2012, the appellant as plaintiff commenced an action at the Federal High Court, Akure, wherein he sought for declaratory and injunctive reliefs against the Respondents. The reliefs appearing at pages 2-3 of the record are as follows: -

1. A declaration that under and by virtue of the proviso to Section 68(1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the current imbroglio, division, crisis, factionalization, centrifugal tendencies, hurly-burly and the brouhaha bedeviling the Labour Party in Ondo State, the Plaintiff/Applicant is entitled to dump the party (Labour Party) for another party and, as such is on a tera firma to have dumped the Labour Party for the Action Congress of Nigeria.

2. A perpetual order of injunction restraining the Defendants from taking any steps whatsoever or howsoever described, abo…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.