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BABATUNDE ADENUGA & ORS. V. J. K. ODUMERU & ORS.

(2003) JELR 52804 (SC)

Supreme Court  •  SC. 43/2000  •  4 Apr 2003  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE, JSC SYLVESTER UMARU ONU, JSC UMARU ATU KALGO, JSC SAMSON ODEMWINGIE UWAIFO, JSC AKINTOLA OLUFEMI EJIWUNMI, JSC

Judgement

UWAIFO, JSC (Delivering the Lead Judgment): The appellants as plaintiffs seek six reliefs in the suit No. ID/2853/98 it filed in the High Court of Lagos State, sitting at Ikeja. The first relief upon which, it would appear, the other five could be seen to depend, but not necessarily sustainable simply because of that dependence, asks for -

“(a) A declaration that the tenure of the 1st-3rd defendants as President, Vice-President and Treasurer respectively of the 8th defendant expired by effluxion of time on 26th June 1998.”

Apart from the issue of locus standi that was raised later in the course of proceedings, the focus must be the implication of the relief recited above. It seems to represent the cause of action relied on by the plaintiffs. That is to say, the expiration of the 1st - 3rd defendants’ tenure of office by effluxion of time. As a result of that, the plaintiffs want them to cease to exercise the authority of their offices. The five reliefs that follow may be abbreviated…

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