NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Ita J. of the Cross River State High Court of Justice sitting at Calabar. The ruling was delivered in suit No HC/388/2008 on 30th day of March 2009.
In the spate of protracted litigations in various Courts in the Land involving the leadership of the Brotherhood of Cross and Stars world wide the Plaintiff commenced an action by way of originating summons, seeking the interpretation of some sections of the Constitution of the Federal Republic of Nigeria 1999 and S.51(1) of the Vexatious Actions Act 1896. In the light of the decision of Ita J. in suit No HC/106/2008 and Rules 15(3) (b), 24(3) and 32 (3) (1c) of the Rules of Professional Conduct for Legal Practitioners the Plaintiff sought declaratory and injunctive reliefs as well as the sum of N15,000,000.00 general damages against the Defendants for instituting, maintaining or continuing vexatious or frivolous actions against the …