M. A. OWOADE J.C.A. (Delivering the Leading judgment): This is an appeal against the Ruling of Honourable Justice Edemekong I. Edemekong sitting at the High Court of Akwa Ibom State, Uyo delivered on 4th November, 1997.
On 21st July, 1997, the Respondents as Plaintiffs before the lower court filed an originating summons which asked for the determination of sundry questions on the provisions of the Trade Union (Amendment) Decree No. 4 of 1996 and prayed inter alia for "a declaration that the election of the 1st, 2nd, 3rd and 4th Defendants as the President, Vice President, Publicity Secretary and Treasurer respectively of the 5th Defendant at the just concluded delegates conference is illegal, unlawful and contrary to the Trade Union (Amendment) Decree No. 4 of 1996 and accordingly null and void.
On 4th August, 1997, the learned Counsel to the Defendants now Appellants filed a motion on Notice for dismissal of the suit for want of jurisdiction in that the Plaintiffs have instituted the…