NWALI SYLVESTER NGWUTA, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice, Agbor Judicial Division presided over by Ohwo, J. The ruling was delivered on 30th September 2002.
In an originating summons issued on the 27th day of June, 2002 against the appellants and the 5th and 6th Respondents, as defendants, the 1st - 4th Respondents, as plaintiffs, sought the determination of the following questions:
"A. Whether the 1st Plaintiff, having been duly registered by Corporate Affairs Commission, Abuja, under part C of companies and Allied matters Act, 1990 has no right to exist.
B. Whether the 2nd - 4th Plaintiffs and all members of the 1st Plaintiff have no right to resign as members of the 1st defendant and be members of the 1st Plaintiff for the protection of their interest having regard to the provision of section 40 of the Constitution of Federal Republic of Nigeria 1999."
It was a representative action with the Plaintiffs suing …