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UMEH
V.
IWU

(2006) JELR 73647 (CA)

Court of Appeal 14 Dec 2006 Nigeria
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- This is an interlocutory appeal against the ruling of the Federal High Court, Abuja, in a case involving a political party. - The plaintiffs sought various declarations and injunctions against the defendants, including a declaration that

Case Details

Judges:OLUFUNLOLA OYELOLA ADEKEYE, J.C.A. (Presided and Read the Leading Judgment), BODE RHODES-VIVOUR, J.C.A., CHIDI NWAOMA UWA, J.C.A.
Counsel:P. I. N. Ikwueto, SAN (with him, E. Igbinoba; I. K. Bozirno and P. E. Onukwuli, Esq.) - for the Appellants Chief J. K. Gadzama, SAN (with him, R. Bassey [Miss]; A. I. Uchegbu [Miss]; E. J. Gamaliel, Esq.; H. Odangla [Miss] and H. Mark [Mrs.]) - for the 1st and 2nd Respondents Chief Chris Uche, SAN (with him, Okey Uroho, Esq. and Philip Olise, Esq.) - for the 3rd and 4th Respondents
Other Citations:(2007) 6 NWLR (Pt. 1030) 416

ADEKEYE, J.C.A. (Delivering the Heading Judgment): This is an interlocutory appeal against the ruling of the Federal High Court, Abuja wherein the learned trial .fudge 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 the party for an initial four years 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 Constitution of the Federal R…

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