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ADAMS ALIYU OSHIOMHOLE & ALL PROGRESSIVES CONGRESS V. COMRADE MUSTAPHA SALIHU & ORS

(2020) JELR 109976 (CA)

Court of Appeal  •  CA/A/187/2020  •  16 Jun 2020  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA MOHAMMED MUSTAPHA JCA ABUBAKAR MUAZU LAMIDO JCA

Judgement

ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of the Federal Capital Territory, sitting in Jabi, Abuja delivered on 2nd March,2020 per D. Z. Senchi, J. wherein the trial court dismissed the appellants’ notice of preliminary objection for lack of merit.

The 1st - 6th respondents herein, as plaintiffs at the trial court, commenced a suit against the appellants and the 7th and 8threspondents herein vide an originating summons dated 16th January,2020 claiming the following reliefs:

  1. A declaration that by virtue of Article 21 of the constitution of the All Progressives Congress (APC)and the Resolution of the Executive Committee of APC Ward 10, Etsako West local Government Area of Edo State dated 2nd November, 2019 suspending the 1st defendant as a member of the 2nd defendant, the1st defendant cannot continue to enjoy the rights and privileges accorded to members of the 2nd defendant.
  2. A declaration that by virtue of a combined readin…

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