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VIN OBI GABEZENAGU EMEKA ASOANYA J.C. CHUKWU CLEMENT ANAEME OBI EGBUNA IKE KOMO ONYEKAONWU V. SYLVESTER ODIFE LEONARD UKATU EMEKA ANWANKWO IGNATIUS EKE FRANCIS NWABUEZE VICTOR EZEJIOGU

(2001) JELR 56323 (CA)

Court of Appeal  •  CA/E/117/2000  •  22 Mar 2001  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU, JCA (Presided) SULE AREMU OLAGUNJU, JCA MUSA DATTIJO MUHAMMAD, JCA (Read the Lead Judgment)

Appearances
B. C. Igwe, Esq. - for the Appellants. C -*- Dr. Onyechi Ikpeazu - for the Respondents.

Judgement

M.D. MUHAMMAD, JCA (Delivering the Lead Judgment): At the lower court, the respondents before us, being plaintiffs, filed a suit against the appellants, then as defendants, seeking the following declaratory reliefs and injunction:- “(i) A declaration that the purported dissolution of the plaintiffs as members of Executive of OMMATU by the Government of Anambra State is contrary to the Constitution of OMMATU, as well as section 40 Constitution of Federal Republic ofNigeria 1999, and is therefore from inception, null and void and of no effect whatever. (ii) A declaration that by the provisions of the Constitution of OMMATU and section 40 Constitution of the Federal Republic of Nigeria, 1999, the defendants cannot be imposed on the plaintiffs as members of the Executive of OMMATU. (iii). A declaration that there is no room in the Constitution of OMMATU for a Caretaker Committee.

A declaration that the Government of Anambra State is without authority to proscribe plaintiffs from contesti…

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