Judgment
BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Abuja Division, Coram: I. E. Ekwo J, in Suit No. FHC/ABJ/CS/1636/2021: Chief Callistus Okafor V. Barrister Julius Abure & Ors delivered on 16/6/2022, in which the lower Court ordered the Appellant to file his Counter-Affidavit to the 1st Respondent’s Originating Summons within 7 days from 16/6/2022 and adjourned the Suit to 30/6/2022 for hearing.
The Appellant, who was the 6th Defendant before the lower Court, was peeved by the said ruling and had promptly appealed against it vide his Notice of Appeal filed on 24/6/2022 on six grounds of appeal. See pages 445 – 455 of the Record of Appeal. The Record of Appeal was duly compiled and transmitted to this Court on 30/6/2022. The Appellant and the 1st Respondent filed and exchanged their respective appellate briefs. The 2nd – 14th Respondents did not file any brief.
The Appeal was heard on 20/7/2022, where learned counsel for the Appellant and the 1st Respondent adopted their respective briefs as their arguments in this Appeal. The Appellant was represented by Abdulaziz Ibrahim, Esq., appearing with Mukhtar Bunza, Esq., The 1st Respondent was represented by C. J. Edemeka, Esq., appearing with Victor Okwudiri Esq. The 2nd – 4th Respondents were represented by Alex Ejesieme SAN, appearing with C. S. Uzodike, Esq., and E. C. Ezeh, Esq. The 6th Respondent was represented by Kehinde Edun, Esq.
The 7th – 14th Respondents were represented by Marshall Abubakar, Esq. The 5th Respondent, though duly served with hearing notice on 19/7/2022, did not participate at the hearing of this appeal. By an Originating Summons filed before the lower Court, the 1st Respondent as Claimant sought against the Appellant and the 2nd – 14th Respondents as Defendants the determination of the following question, namely: 1.
Whether the purported National Executive Council (NEC) meeting of the defendant held on or about the 9th day of October, 2018 at APTEC Hotel, Shiroro road, Minna, Niger State of Nigeria was in brazen disregard of the consent judgment of this Honourable Court delivered on the 20th day of March, 2018 on the one hand and in contravention of the Constitution of the 5th Defendant and therefore all decisions taken therein liable to be set aside. 2.
