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(2021) JELR 109428 (CA)

Court of Appeal  •  CA/A/531/2012  •  3 Feb 2021  •  Nigeria

Peter Olabisi Ige, JCA Yargata Byenchit Nimpar, JCA Mohammed Baba Idris, JCA


MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): By an Originating Summons dated 5th July, 2020 which was further amended and filed on the 28th of September, 2010 by the Appellants as Plaintiffs at the Trial Court, wherein the following questions were raised thus:

i. Whether by the provision of Article 8 (iii) of CAPP’s Constitution, the Extra Ordinary meeting of the Governing Council of the 2nd Defendant convened and presided over by the 1st Defendant on 21st November 2009 was proper and thus legal.

ii. Whether any valid and legitimate decision can emanate from the said meeting of the 2nd Defendant held on 21st November 2009.

iii. Whether the congress of the 2nd Defendant held on the 5th day of December 2009 was properly convened.

iv. Whether the 3rd Defendant can validly claim to be president of the 2nd Defendant along with other persons elected as executives having not emerged from a properly and legally convened congress of CAPP thus empowered to act in that capacity.


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