JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Cross River State sitting in Calabar, delivered on the 25th November, 2010 by BASSEY B. IKPEME, J.
There was a dispute in the leadership of the Calabar Unit of the 3rd Respondent over the applicability of a memorandum of understanding said to have been executed by the representatives of the major ethnic blocs constituting the said Calabar Unit which resulted in an Originating summons filed on the 12th November, 2010 by the 1st and 2nd Respondents against the 3rd -5th Respondents wherein they sought a determination of the following questions:
1. Whether the Defendants to the Memorandum of Understanding can willfully refuse to honour the Terms of the Memorandum dated the 28th day of October, 2006?
2. Whether the Defendants can on their own, vary, alter the Terms of the Memorandum of Understanding freely entered into between the 1st Defendant and the members …