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DR. SHAMSIDEEN ADE DASUNMU & INCORPORATED TRUSTEES OF EKO CLUB V. CHIEF BABATUNDE RASHEED FANIMOKUN

(2021) JELR 109584 (CA)

Court of Appeal  •  CA/LAG/CV/346/2020  •  17 Feb 2021  •  Nigeria

Coram
Joseph Shagbaor Ikyegh, JCA Obietonbara Owupele Daniel-Kalio, JCA Onyekachi Aja Otisi, JCA

Judgement

OBIETONBARA OWUPELE DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the Federal High Court (the lower Court) of the Lagos Division delivered on 9th March, 2020. The Respondent in this appeal Chief Babatunde Rasheed Fanimokun as the Plaintiff at the lower Court, took out an Originating Summons against the Appellants' that is to say, Dr. Shamsideen Ade Dosunmu (for himself and members of the Management Committee) and the Incorporated Trustees of Eko Club as well as an erstwhile 3rd Defendant, the Guardian Council of Eko Club, in which he (the Respondent) prayed the lower Court for answers to the following questions:

1. Whether having regard to the provisions of the amended Constitution of the Eko Club, 2014 and the 1999 Constitution of Nigeria (as amended), the Plaintiff has the right to vie for election as President for the third consecutive year after serving as President of Eko Club from February, 2017 to February, 2019.

2. Whether since t…

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