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PROPHET JONES ERUE & ANOR v. CHIEF ADOLO OKOTIE-EBOH & ORS

(2017) JELR 37918 (CA)

Court of Appeal  •  CA/B/163/2015  •  5 Jul 2017  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; PHILOMENA MBUA EKPE JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA;

Judgement

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The 1st and 2nd respondents were the claimants in Suit No. A/245/2014 commenced by way of an originating summons in the High Court of Delta State, Asaba Judicial Division, holden at Asaba. The 3rd respondent and the two appellants were the 1st defendant, 2nd defendant and 3rd defendant, respectively, to the said action. In the originating summons taken out by the 1st and 2nd respondents, they asked the lower Court to determine the following two questions:

a. Whether a State Congress of the All Progressives Congress (APC) conducted in a manner contrary to the provisions of the APC guidelines for the conduct of State Congress is not null and void?

b. Whether a State Executive Committee of the APC that emanated from a congress conducted in a manner contrary to the APC guidelines for the conduct of a State Congress can validly exercise the powers or perform the functions that attach to the offices that constitute the St…

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