(2006) JELR 45794 (CA)    

Court of Appeal  ·  CA/AB/207/2006 ·  14 Dec 2006 ·  Nigeria
Other Citations
Umeh v. Iwu (2007) 6 NWLR (Pt.1030)
OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria BODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondents
constitution of the federal republic of nigeria
declaration of this honourable court
federal capital territory high court
senior counsel
4th respondents
abuse of court process
1st plaintiff
federal high court
leadership of the 2nd plaintiff
learned trial judge
political party
suit fhc
3rd respondent
brother o. o. adekeye
electoral act
interlocutory appeal
order of injunction
suit no. fct
addresses of the national officers of a political party
chairmanship of tile party
chidi nwaoma uwa
chief victor umeh
constitution of the all progressive grand alliance
core issue
final analysis
gross abuse of process
hearing of the suit
high court of the fct
internal affairs
list of names
lower court
national chairman
national chairman of the 2nd plaintiff
olufunlola oyelola adekeye
order of court
position of the 1st plaintiff
provisions of part iii of the electoral act
provisions of the party
respondents suit
right of the plaintiffs
ruling of the federal high court abuja
senior counsel mr. ikwueto
subject matter
subject matter of the suit no.fct
subject-matter of this present suit
year term

OLUFUNLOLA OYELOLA ADEKEYE, J.C.A.: (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the Federal High Court Abuja wherein the learned trial judge declined to terminate the plaintiffs/respondents suit on the ground that it constituted an abuse of court process. The plaintiffs now 3rd and 4th Respondents in this appeal in their amended statement of claim asked the court for the undermentioned reliefs against the Respondents jointly and severally as follows:-

(1) A declaration of this honourable court that pursuant to Article 18(1) of the constitution of the All Progressive Grand Alliance (APGA) the 1st plaintiff is entitled to, enjoy a constitutionally guaranteed chairmanship of tile party for an initial four year term commencing from 10th of January 2003 till 10th January 2007 - which term is still unexpired and which term is optionally renewable.

(2) A declaration of this honourable court that the defendants lack the competence under the Consti…

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