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APC
V.
ERUE & ORS

(2017) JELR 37919 (CA)

Court of Appeal 5 Jul 2017 Nigeria
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Case Details

Suit Number:CA/B/263/2015
Judges:JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria
Counsel:M.A. Idaiye, Esq. For Appellant M.A. Mukoro, Esq. with him, E. V. Onojeghuo, Esq. and O.S. Ugwun, Esq. for the 1st and 2nd Respondents.Solomon Edoh, Esq. for the 3rd and 4th Respondents. For Respondent

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The 3rd and 4th respondents were the claimants in Suit No. A/245/2014 commenced by way of an originating summons in the High Court of Delta State, Asaba Judicial Division, holden at Asaba. The appellant, the 1st respondent and the 2nd respondent were the 1st defendant, 2nd defendant and 3rd defendant, respectively, to the said action. In the originating summons taken out by the 3rd and 4th respondents, they asked the lower Court to determine the following two questions:

a. Whether a State Congress of the All Progressives Congress (APC) conducted in a manner contrary to the provisions of the APC guidelines for the conduct of State Congress is not null and void?

b. Whether a State Executive Committee of the APC that emanated from a congress conducted in a manner contrary to the APC guidelines for the conduct of a State Congress can validly exercise the powers or perform the functions that attach to the offices that co…

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