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UMEH
V.
EJIKE

(2013) JELR 35257 (CA)

Court of Appeal 15 Jul 2013 Nigeria
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- The respondent (plaintiff), a former Local Government Chapter Chairman of APGA, filed an originating summons at the Enugu State High Court seeking declaratory and injunctive reliefs regarding the continued tenure of the appellant as APGA

Case Details

Suit Number:CA/E/84/2013
Judges:PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Counsel:Chief Wole Olanipekun, SAN., P. I. N. Ikwueto, SAN; (with E. I. Obinka, Esq., Kelechi Udeoyibo, Esq., Nnamdi Anyachebelu, Esq., Ademola Adesina, Esq.,) For Appellant Dr. Onyechi Ikpeazu, SAN; (with Chudi Obieze, Esq.) For Respondent

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The respondent being the plaintiff at the Enugu State High Court of Justice in Suit No. E/270/2012 had instituted the action by way of originating summons whereby he sought the determination of the questions, namely:

"a. Whether by a true and proper construction of Article 18(2), (3), (4) and (5) of the Constitution of All Progressives Grand Alliance (APGA), the Defendant, upon completion of a term of four (4) years as National Chairman of APGA and desiring a second tenure was not bound to vacate the office of Chairman for at least two (2) months to the date of election fixed by the National Executive Committee of APGA.

b. Whether by a true and proper construction of Article 18(3) of the Constitution of APGA, the National Executive of APGA was not bound to meet and fix a date of election for the office of Chairman of the party upon the effluxion of the four year tenure of the Defendant in 2010.

c. Whether by a true and pro…

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