CHIEF SIR VICTOR UMEH V. ICHIE OKULI JUDE EJIKE

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The respondent being the plaintiff at the Enugu State High Court of Justice in Suit No. E/270/2012 had instituted the action by way of originating summons whereby he sought the determination of the questions, namely:

"a. Whether by a true and proper construction of Article 18(2), (3), (4) and (5) of the Constitution of All Progressives Grand Alliance (APGA), the Defendant, upon completion of a term of four (4) years as National Chairman of APGA and desiring a second tenure was not bound to vacate the office of Chairman for at least two (2) months to the date of election fixed by the National Executive Committee of APGA.

b. Whether by a true and proper construction of Article 18(3) of the Constitution of APGA, the National Executive of APGA was not bound to meet and fix a date of election for the office of Chairman of the party upon the effluxion of the four year tenure of the Defendant in 2010.

c. Whether by a true and pro…