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CHIEF PEGBA OTEMOLU V. SENATOR A.M. MAKARFI & ORS

(2017) JELR 41543 (SC)

Supreme Court  •  SC.128/2017  •  12 Jul 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC; OLABODE RHODES-VIVOUR JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Appearances
Dr. Alex Izinyon, SAN with him, B.K. Abu, Esq., K. O. Omoruan, Esq., F. O. Izinyon, Esq., E. Oghojafor, Esq. and L. O. Fagbemi, Esq. and C.U Adah For Appellant Olabode Olanipekun, Esq. with him, Aisha Aliyu, Esq. Bolarinwa Awujoola, Esq., Vanessa Onyemanwa, Esq, Adebayo Majekolegbe, Esq, and Ugochukwu Nwosu Iheme, Esq. for the 1st and 2nd Respondent.Chief Akin Olujinmi, SAN with him, Olumide Olujinmi, Esq., Akinsola Olujinmi for the 3rd-11th RespondentsNelson Ani, Esq. for 12th Respondent.H. O. Afolabi, SAN with him, P.A. Abah, Esq., Sikiru Adewoye, Esq., K. O. Ajana, Esq. for 13th Respondent. For Respondent

Judgement

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Abuja Division in Appeal No.CA/A/551M/2016 between: Senator Ahmed Mohammed Makarfi, Senator Ben Obi v. Prince Biyi Poroye and 10 Ors delivered on 23/11/2016.

The appellant had brought an application before the Court below for leave to appeal as an interested party against the judgment of the Court as it affected him.

The gist of this matter goes thus: The 3rd - 9th respondents, as plaintiffs had commenced an action before the Federal High Court, Abuja by an originating summons on 7/6/2016. They sought a number of declaratory and injunctive reliefs against the 12th and 13th respondents. On the 29th June, 2016 the trial Court delivered its judgment in favour of the 3rd-11th respondents as plaintiffs.

Dissatisfied, the 1st and 2nd respondents appealed to the Court below as interested parties affected by the said judgment of the trial Court. In its judgment, the Court …

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