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IME EKONG & ORS. V. GODFREY OSIDE (NATIONAL PRESIDENT, HAPSSSA) & ORS.

(2004) JELR 46893 (CA)

Court of Appeal  •  CA/A/89/2000  •  13 May 2004  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The following declaratory reliefs were sought by the appellant as plaintiff against the respondent as defendant at the High Court of Justice of the Federal Capital Territory, Abuja (the lower court) -

"1. A declaration that the purported dissolution of the Abuja Branch executive of HAPSSSA vide the 3rd defendant letter, dated 11/10/99 with reference No. HPSA/GS/AS/2885/99 is ultra vires, null and void as it negates the provisions of both the HAPSSSA Constitution and the 1999 Constitution of the Federal Republic of Nigeria;

2. A declaration that the letter signed by the 1st and 2nd defendants dated 7/10/99 with reference No. HPSA/GS/2885/99 freezing HAPSSSA Nicon Hilton Hotel branch Account No. 0350006479-01 is unconstitutional, ultra-vires, null, void and of no effect, same having been written with malice, jealousy and contempt.

3. A declaration that there was no meeting of the National Executive Council, where the resolution for t…

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