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APC V. HAWKINS & ORS

(2021) JELR 109262 (CA)

Court of Appeal  •  CA/PH/24/2021  •  1 Mar 2021  •  Nigeria

Coram
Haruna Simon Tsammani, JCA Paul Obi Elechi, JCA Gabriel Omoniyi Kolawole, JCA

Appearances
Tuduru U. Ede (SAN), with him, C.W. Jerome, C. E. Amakiri, Esq. C. A. Ndubueze, Esq. and I. L. Igomai, Esq. For the Appellant; H. A. Bello, Esq., with him, K. P. Luke, Esq., T. T. Awuhe, Esq. U.B. Opuremi (Mrs.) and E. O. Salami, Esq. for 1st to 5th Respondents; L. G. Jamala, Esq. and G. C. Chinda for the 6th Respondent.

Judgement

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an Interlocutory Appeal by the Appellant against the decision/ruling and assumption of jurisdiction by His Lordship, Hon. Justice L. Ngbor Abina, Judge of the High Court of Rivers State sitting in Port Harcourt in Suit No.: PHC/3464/CS/2020: Sunday Hawkins and Ors v. All Progressive Congress (APC) and Another on the 11/01/2021.

The 1st-5th Respondents filed an Originating Summons dated 19/01/21 and filed at the lower Court and claimed the reliefs as shown on pages 1 and 2 of the Appellant’s Brief of Argument.

Also, the 1st-5th Respondents also sought for the determination of the following questions to wit amongst others-

“Considering Article 9.1 (ii) of the All Progressive Congress (APC) Constitution 2014 (as amended), whether the 1st Defendant’s National Executives, Caretaker/Extraordinary Convention Planning Committee (CECPC) and the Defendants herein can conduct the 1st Defendant’s membership registration exercise in R…

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