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ALL PROGRESSIVES CONGRESS & ANOR. V. DR. IPEGHAN GODPOWER (Member, Rivers State Caretaker Committee Of The All Progressives Congress) & ORS.

(2021) JELR 109400 (CA)

Court of Appeal  •  CA/ABJ/CV/80/2021  •  19 Feb 2021  •  Nigeria

Rita Nosakhare Pemu, JCA Hamma Akawu Barka, JCA Ebiowei Tobi, JCA


RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory sitting in Abuja in Suit No: FHC/HC/BW/CV/07/2021, delivered on the 21st of January, 2021.


The Claimants (Respondents in this present appeal) took out an Originating Summons filed on the 7th day of January, 2021, seeking some declarative reliefs and the interpretation of certain sections of the 1st Appellant's Constitution as it relates to the functions, duties and powers of the Respondents as Committee Members of the Rivers State Chapter of the 1st Appellant.

The Claimants also filed an ex parte application seeking an Order of Substituted Service of the originating process on the Appellants (as Defendants) without adducing evidence before the Court below of their inability to effect personal service of the said originating process on the Appellants.

The Appellants opposed the originating process of the Respondents (as C…

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