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PEOPLES DEMOCRATIC PARTY & ORS V. CHIEF MAKANJUOLA OGUNDIPE & ORS

(2018) JELR 46281 (CA)

Court of Appeal  •  CA/EK/72/2017  •  13 Mar 2018  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA SAMUEL CHUKWUDUMEBI OSEJI JCA MUDASHIRU NASIRU ONIYANGI JCA

Appearances
Sunday Olowolafe Esq. (with the brief of Dr. Yemi Oke) For the Appellant; Ayodeji Esan Esq (with Kayode Oluwasola Esq) for the 1st to 5th Respondents; Abayomi Adeleye Esq. (with brief of Remi Peter Olatubora Esq.) for the 7th - 17th Respondents.

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court, Ekiti Division, delivered on the 8th day of November, 2017.

The 1st to 5th Respondent who were the plaintiffs in the trial Court commenced an action via an Originating Summons dated and filed on the 16th day of October, 2017, against the Appellants and the 6th to 14th Respondents wherein they sought the determination of the following questions:

1. Whether in the light of the provisions of Sections 223, 224 of the Constitution of the Federal Republic of Nigeria 1999 as amended, Article 33(1) of the PDP Constitution 2012 as amended, the subsisting and binding judgment and orders of this honourable Court made on the 17th of May and 24th of June 2016 in Suit No: FHC/L/CS/605/2016 and the subsisting and the binding orders of this Court made on the 10th of August and 5th of September, 2017 in Suit No: FHC/ABJ/CS/732/2017, the 2nd to 4th Defendants can validly preve…

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