All Progressive Grand Alliance (Apga) & Anor. V. Chief Victor Umeh & Ors (2011)

LAWGLOBAL HUB Lead Judgment Report

DAHIRU MUSDAPHER, J.S.C,

In the High Court of the Federal Capital Territory Holden at Abuja and FCT/HC/CV/278/2005, the appellants herein and two others commenced this suit against the respondents as the defendants jointly and severally and claimed against them in their Amended Statement of Claim as follows:

“(a) A DECLARATION that the defendants are no longer members/and or National Officers of ALL PROGRESSIVE GRAND ALLIANCE (the 1st Plaintiff) as they stand expelled from the party with effect from January 12, 2005, in accordance with the Constitution of the All Progressive Grand Alliance.

(b) A DECLARATION that the 2nd, 3rd and 4th Plaintiffs are the duly and only recognized and authentic National Chairman, Deputy National chairman (North) and Deputy National chairman (South) respectively of ALL PROGRESSIVE GRAND ALLIANCE (1st plaintiff),

(c) A DECLARATION that the 1st Defendant is not the National Chairman or Acting National Chairman of ALL PROGRESSIVE GRAND ALLIANCE (the 1st Plaintiff) and is not competent to parade himself as such.

(d) A DECLARATION that the 1st to 11th Defendants are no longer national officers of the 1st Plaintiff, having been constitutionally and duly expelled from the Plaintiff by the 1st Plaintiff.

(e) A DECLARATION that the 1st to 14th Defendants are no longer members of ALL PROGRESSIVE GRAND ALLIANCE (the 1st Plaintiff) having been constitutionally and duly expelled from the Party.

(f) AN ORDER of perpetual injunction restraining the 1st Defendant from parading himself or continuing to parade himself as the National Chairman or Acting National Chairman of the ALL PROGRESSIVE GRAND ALLIANCE, including issuing press statement purporting to be acting as the National Chairman of the 1st plaintiff, or summoning, convening and/or holding any meetings in such capacity.

(g) AN ORDER of perpetual injunction restraining the 1st to 11th Defendants from parading themselves or continuing to parade themselves as national officers or acting national officers of the ALL PROGRESSIVE GRAND ALLIANCE or issuing press statements purporting to be acting in such capacities or summoning, convening and/or holding any meetings in such capacities.

(h) AN ORDER of perpetual injunction restraining the 1st to 14th Defendants from parading or continuing to parade themselves as members of the ALL PROGRESSIVE GRAND ALLIANCE or holding any meetings in such capacities.

(i) AN ORDER of perpetual injunction restraining the Defendants whether by themselves their agents or privies from using the official logo, letter-headed papers or other stationeries or symbols of the ALL PROGRESSIVE GRAND ALLIANCE (1st plaintiff) in any correspondence, meeting, conference or any gathering whatsoever and for any purpose whatsoever and in any manner howsoever.

(i) A DECLARATION that the Defendants’ purported suspension and/or expulsion of the 2md, 3rd and 4th Plaintiffs from the 1stt Plaintiff, is illegal, null, void and of no effect, as same was done without capacity, and in flagrant violation of the constitution of the 1st Plaintiff and without due process.”

During the prolonged and protracted trial that spanned 3 years after the parties called evidence and closed their cases, the learn m ed trial judge ordered written address to be filed by each the defendants and the plaintiffs respectively the order for address was made on 23/1/2008 and the matter was adjourned to 25/2/2008 for the adoption of the final address, On the 25/2/2008 the plaintiffs filed applications asking for stay of proceedings pending appeal. The learned trial judge refused the applications for the stay of proceedings thereafter the learned trial judge closed the issue of final written address since the plaintiffs have failed to file any written address ordered since January and the matter was adjourned for judgment to 7/4/2008. On the 7/4/2008 when the matter resumed, the learned counsel for the appellants herein filed a motion to discontinue with the matter already earlier on adjourned for judgment. After hearing arguments of counsel in the matter, the learned trial judge adjourned the matter for ruling on the application to discontinue with the suit to the 16/4/2008. On the 16/4/2008, the learned trial judge refused the application to discontinue with the suit and thereafter proceeded to deliver his judgment in the substantive suit. Whereat he dismissed the plaintiffs’ suit as lacking in merit.

The appellants herein felt dissatisfied with the Ruling and the Judgment of the trial court and appealed to the court of Appeal. At the Court of Appeal, learned counsel for the appellants therein who are also the appellants herein, formulated and submitted two issues for the determination of the appeal. The issues were:-