(2022) JELR 109146 (CA)    
Court of Appeal  ·  CA/ABJ/CV/876/2021 ·  4 Jan 2022 ·  Nigeria
Ali Abubakar Babandi Gumel, JCA Mohammed Danjuma, JCA Muhammad Ibrahim Sirajo, JCA
Core Terms Beta
1st respondent
6th respondents
preliminary objection
borno state
trial court
democratic party
record of appeal
issue of tenure of office
appellants' brief
juristic persons
appeal no. sc
judgment of the federal high court
state party chairman
state party secretary
state party youth leader
1st november
1st plaintiff
2nd-6th respondents
decision of the trial court
executive officers
offices of the people
order of this honourable court
provisions of the constitution of the people
respondents' counsel
state congress
subsisting order of the supreme court
tenure of office of the plaintiffs
1st defendant's party congresses
3rd december
6th respondents' counter affidavit
appellants' concern
borno state chapter of the 1st defendant
borno state's executive committee
brief statement of facts
circumstances of this case
conduct of the people
exclusion of the 1st plaintiff
executive committees of its state chapters
first issue
following issues
learned senior advocate counsel
learned trial court fail
provisions of the 1st defendant
purported election of officials
reasonable cause of action
said originating summons
senior advocate counsel
state congresses

MOHAMMED DANJUMA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court, Abuja Division wherein Honourable Justice Taiwo O. Taiwo delivered on the 1st November, 2021. The Appellants, who were Plaintiffs at the trial Court, took out an originating summons against the Respondents on the 21st September, 2021 where they raised two questions for determination and thereafter sought five reliefs.

In the said originating summons, Appellants submitted the following two questions for determination. The issues are herein reproduced, thus:

i. Whether having regards to the subsisting order of the Supreme Court made on the 12th day of March, 2021 in Appeal No. SC.441/2019: USMAN MAHDI BADERI and 3 ORS v. PEOPLES DEMOCRATIC PARTY and 3 ORS the Defendants can validly proceed to conduct state congresses to elect officials into the offices of the People's Democratic Party, State Party Chairman, State Party Secretary, State Party Youth Leader and State Pa…

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