HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment):
This is an appeal filed by the Appellant who was the 1st Respondent of the trial Court in suit No. FHC/UM/CS/94/2014 now FHC/ABJ/CS/71/2016 against the judgment delivered by Hon. Justice Okon Ajang on 27/6/16. The Appellant's brief was settled by Dr. Onyeachi Ikpeazu, OON, SAN and Dr. Joseph Nwobike SAN and filed on 15/7/16. The Appellant's Reply Brief was settled by Dr. Onyeachi Ikpeazu, OON, SAN, Dr. Joseph Nwobike SAN, Dr. Paul Anonoba SA, Prof. Ernest Ojukwu SAN and Valentine Offia Esq and filed on 4/8/16. The 1st Respondent's Brief was filed by Dr. Alex A. Izinyon, SAN, OFR, O. O. Okpeseyi SAN, O. J. Nnadi SAN, Femi Falana SAN; and other counsel on 1/8/2016.
In the Appellant's Brief, 8 issues were identified for determination as set out below:
1) Whether the trial Judge was wrong when he proceeded to hear and determine the originating summons having regard to the nature of complaint as well as the conflicting affi…