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ALHAJI MUHAMMAD ALSO YELLOW & ANOR v. DALIB YUNUS

(2018) JELR 38479 (CA)

Court of Appeal  •  CA/K/253/2016  •  22 Jun 2018  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA;

Judgement

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): By a Writ of Summons together with a Statement of Claim dated 20th August, 2015, the Plaintiff now Respondent claimed against the Defendants now Appellants as follows:

1. DECLARATION of this Honourable Court that the Plaintiff herein has been duly and lawfully elected into the office of TREASURER, NIGERIAN FRUITS SELLERS ASSOCIATION, KANO BRANCH sometime in March, 2014 and as such, is entitled to hold and continue to hold the elective position pursuant to the Constitution of the 2nd Defendant; pursuant to the oath of office hence the Plaintiff can lawfully hold the said office until after the expiration of his constitutional tenure.

2. DECLARATION of this Honourable Court that the purported and unconstitutional removal of the Plaintiff from office by the 1st Defendant is illegal, ultra vires, null and void abinitio.

3. DECLARATION of this Honourable Court that the Defendants cannot in anyway and under any guise appoin…

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