Babatunde Adenuga V. J.K. Odumeru & Ors (2001)

LAWGLOBAL HUB Lead Judgment Report

KARIBI-WHYTE, J.S.C.

On the 23rd October, 2000, the court unanimously upheld the preliminary objection to the hearing of plaintiffs/appellants’ motion dated 30th August and filed on the 31st August, 2000. These are my reasons for the ruling.

The preliminary objection is by the 1st – 3rd and 8th defendants/respondents to the application by the plaintiffs/appellants in this appeal seeking by motion on notice to the defendants/respondents dated 30th August and filed on 31/8/2000 praying the court for the following orders –

(1) Restraining the 1st – 3rd defendants from

“(a) Taking any disciplinary action against any member of the Association pending the determination of the appeal in the Supreme Court.

(b) Calling or convening any meeting, seminar conferences of the Association.

(c) Passing, issuing any statements and/or resolution on behalf of the Association.

(d) An order that the meeting of the 8th defendant/respondent summoned by the 1st – 3rd respondents in Jos, Plateau State on 27th July, 2000 and the resolutions purportedly passed at the said meeting is in contempt of this Honourable court in that the act was done deliberately to render the eventual judgment of this Honourable court nugatory should the appeal succeed.”

The motion is supported by an affidavit dated 31st August, 2000 med the same day and sworn to by Babatunde Adenuga, the 1st plaintiff. Babatunde Adenuga the 1st plaintiff has sworn to a further affidavit dated 5th October, 2000 in support of the motion.

In support of the motion of the plaintiffs dated 30/8/2000 and filed on 31/8/2000 reproduced above in this ruling, the 4th 5th and 6th and 7th defendants/respondents, have brought a motion on their own behalf, praying this court for an order restraining the 1st- 3rd defendants from

(a) Taking any disciplinary action against any member of the Association pending the determination of the appeal in the Supreme Court.

(b) Calling or convening any meeting, seminar, conferences of the Association.

(c) Passing, issuing any statements and/or resolution on behalf of the Association.

And for such other orders as the Honourable court may see fit to make in the circumstances.