Judgment
IBRAHIM WAKILI JAURO, J.C.A. (Delivering the Leading Judgment) : This appeal is against the Judgment of the High Court of Imo State in Suit No. HON/36/2012 delivered by Hon. Justice T. E. Chukwuemeka Chikeka on the 18th March, 2013. BRIEF FACTS OF THE CASE The Claimants commenced this action through originating summons against the Defendant on 8/10/2012 seeking the following reliefs- 1.
A DECLARATION that in view of the non-compliance with the mandatory provisions of CHAPTER 28 OF THE CONSTITUTION OF ABBA DEVELOPMENT UNION, 1999 it is unconstitutional, unlawful, unauthorized, null and void for the 1st defendant to purportedly amend the said Constitution to enact the Constitution of Abba Development Union, 2007. 2.
A DECLARATION that the enactment of laws governing the traditional ruler of Abba autonomous community, in deference to the laid down provision of the law, separating Town Union Constitution from that of the autonomous community, and furthermore, without the input of the traditional ruler, is unconstitutional, unauthorized, null and void. 3. An Order of Court setting aside anything done under the said constitution of Abba autonomous community, 2004, including the purported general election of the Union conducted on the 31st of December, 2009.
At the end of the hearing, the Judge granted reliefs 2 and 3 of the claimants and refused to grant relief 1. Dissatisfied with the judgment the Defendant (Appellant) filed a Notice of Appeal on 6/5/2013. The Record of Appeal was transmitted on 17/01/14 and deemed on 3/3/14. ISSUES FOR DETERMINATION The Appellant’s brief of argument settled by John I. Nwoka Esq. was filed on 3/3/14 wherein the Appellant distilled five issues for determination as follows: a. WHETHER OR NOT ABBA DEVELOPMENT UNION WAS A NECESSARY PARTY IN THIS SUIT. b.
WHETHER OR NOT IN VIEW OF THE JUDGMENT OF 18TH MARCH 2013, WHETHER AN ORIGINATING SUMMONS WAS AN APPROPRIATE PROCEDURE FOR THE COMMENCEMENT OF THIS SUIT. c. WHETHER OR NOT THE LEARNED TRIAL JUDGE BREACHED THE APPELLANT’S RIGHT TO FAIR HEARING WHEN HE SUO MOTU RAISED THE ISSUE OF APPELLANT’S CONSTITUTION NOT HAVING CREDIBILITY AND BASED HIS DECISION TO GRANT RESPONDENTS’ CLAIM ON THAT POINT WITHOUT CALLING ON THE PARTIES AND OR APPELLANT’S COUNSEL TO ADDRESS HIM ON THE POINT. d.
