EJEMBI EKO, JSC (Delivering the Leading Judgment): The main appeal and the challenge to the competence of the appeal, vide the motion on notice filed on 6th September, 2018 challenging the competence of the appeal, were argued together on 25th September, 2018. The said Motion on Notice prays for –
An Order striking out the Notice of Appeal No. SC.15/2018 dated 19th day of February, 2018 and filed on 20th February, 2018 by the Appellant in this appeal and/or dismissing the appeal for being incompetent and a mere academic exercise.
The motion was predicated on the following grounds -
a. The purported tenure of the Appellant as the National President of IPMAN commenced on the 20th day of March, 2014 by virtue of the judgment of the Federal High Court, Port-Harcourt in (the) suit No. FHC/PH/CS/12/2014 - AUSCO OIL LIMITED and 17 ORS v. REGISTERED TRUSTEES OF IPMAN and 9 ORS delivered on the 20th March, 2014.
b. The purported appointment of the Appellant by the Federal High Court, Port-Harcourt…