MR. Victor Ike Oye V. Comrade Mike Alioke & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

This appeal emanate from the decision of Enugu State High Court of Justice delivered on the 22nd day of May, 2017 by A. R. Ozoemena J. in suit No.E/291M/2017 wherein the 1st and 2nd respondents’ application for Judicial Review was upheld.

The 1st and 2nd Respondents herein were the applicants at the lower Court while the 3rd, 4th and 5th respondents were the 1st, 2nd and 3rd respondents at the lower Court respectively.

On 4th day of May, 2017, the 1st and 2nd respondents/applicants had brought an application for judicial review to wit; declaration, mandamus and prohibition against the 3rd, 4th and 5th Respondents herein dated the same 4th day of May, 2017.

The said application was for the following reliefs;

a) An order of Mandamus compelling the 1st respondent to accept and/or recognize the decisions of the 2nd applicant in appointing Chief Martin Agbaso as the Acting National Chairman of All Progressive Grand Alliance (APGA).

b) A declaration of the honourable Court that by Section 4 of the Police Act, the 2nd and 3rd respondents are bound to ensure the

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compliance of the decision of the 2nd applicant as it regard the appointment of Chief Matin Agbaso as the Acting National Chairman of the All Progressive Grand Alliance in order to forestall a breakdown of law and order.

c) An order of the honourable Court prohibiting the 1st Respondent and his privies from recognizing and/or accepting any other person as the National Chairman of the All Progressive Grand Alliance (APGA) other than the name submitted to it by the 2nd applicant in the person of Chief Martin Agbaso.

Attached to the application were, statement in support containing the name, address and description of the applicants, reliefs sought from the Court, grounds of the application and 5 Paragraphs affidavit verifying facts relied on by the applicants to which the 1st applicant deposed. Annexed to the said affidavit are various documents marked Exhibit A, B, C, D, E, F & G respectively.

The said application was heard on 22nd day of May, 2017 and ruling was delivered on the same day. The trial Court in its ruling granted the reliefs as sought. The appellant herein who was the chairman of the 2nd respondent APGA and alleged to have been

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suspended by the National Working Committee of the party was not joined as a party to the case at the Court below. He could not therefore appeal as of right against the judgment to this Court. However, the appellant filed an application for leave to appeal as a party interested in the matter against the judgment on 16/6/2017 and a notice of appeal on the same day. From the record before this Court, the motion came up before R. N. Onuorah J. on 20/6/2017 but he declined to entertain the application “because of the undue and unnecessary pressure from some person on me to compromise this suit in their favour more especially the author of the letter just read out in open Court.” He returned the case to the Chief Judge for re-assignment. Upon the decision of the Court below not to entertain the appellant’s motion, the appellant on that same 20/6/2017 filed another motion in this Court with appeal no. CA/E/358M/2017 and sought the following orders: