All Progressives Grand Alliance & Anor. V Chief Victor Umeh & Ors. (2010)

LawGlobal-Hub Lead Judgment Report

JIMI OLUKAYODE BADA, J.C.A.

This is an appeal against the Judgment of the High Court of the Federal Capital Territory Abuja delivered on the 16th day of April 2008.

The Appellants as Plaintiffs by an action commenced at the Lower Court claimed against the Respondents the following reliefs:-

“(a) A DECLARATION that the defendants are no longer members and/or National Officers of All Progressives 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 Progressives Grand Alliance.

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

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

(d) A DECLARATION that 1st to 10th Defendants are no longer National Officers of the 1st Plaintiff, having been constitutionally and duly expelled from the Party by the 1st Plaintiff.

(e) A DECLARATION that the 1st to 14th Defendants are no longer members of ALL PROGRESSIVES GRAND ALLIANCE (the 1st Plaintiff) having been constitutionally 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 ALL PROGRESSIVES GRAND ALLIANCE, including issuing press statement purporting to be acting the National Chairman of the 1st Plaintiff, or summoning, convening and/or holding any meeting 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 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 ALL PROGRESSIVES GRAND ALLIANCE or holding any meeting 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 PROGRESSIVES GRAND ALLIANCE (1st Plaintiff) in any correspondence, meeting, conference or any gathering whatsoever and for any purpose whatsoever and in any manner howsoever.

(j) A DECLARATION that the Defendants purported suspension and/or expulsion of the 2nd, 3rd, 4th Plaintiffs from the 1st 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.”

The Respondents filed their Statement of Defence while the Appellants also filed a Reply to the Statement of Defence.