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PROFESSOR ALBERT F. OGUNSOLA V. ALL PEOPLES PARTY(APP) ALHAJI YUSUF GARBA ALI (NATIONAL/CHAIRMAN, APP) CHIEF GEORGE MUOGHALU (NATIONAL SECRETARY, APP)

(2002) JELR 55608 (CA)

Court of Appeal  •  CA/A/65/M/2002  •  26 Feb 2002  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD, JCA (Presided) ZAINAB ADAMU BULKACHUWA, JCA ALBERT GBADEBO ODUYEMI, JCA (Read the Lead Judgment)

Judgement

ODUYEMI, JCA (Delivering the Lead Judgment): The appellant, as plaintiff on 7th June, 2001 filed at the High Court of Justice of the Federal Capital Territory, Abuja an originating summons in which he sought the following reliefs: “1. Declaration that the 1st-3rd defendants have no power, vires and or authority under the Constitution of the 1st defendant to dissolve the Kwara State Executive Committee of the APP of which the plaintiff was duly elected as chairman at a congress of the party in 1998.

Declaration that 1st-3rd defendants have no power, vires and or authority under the Constitution of the 1st defendant toappoint, put in place or inaugurate anyone as member of a caretaker committee, to usurp the legitimate duties and functions of the plaintiff as the elected state chairman of the Executive Committee of the APP in Kwara State.

Declaration that the 1st -3rd defendants acted ultra vires their powers, in excess of their authority and in beach of the Constitution of th…

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