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All Peoples Party (APP) v. Ogunosola

ALL PEOPLES PARTY (APP)

ALHAJI YUSUF GARBA ALI

( National Chairman, APP )

CHIEF GEORGE N. MOUGHALU

( National Secretary, APP )

V

PROFESSOR ALBERT F. OGUNOSOLA

COURT OF APPEAL

( ABUJA DIVISION )

DAHIRU MUSDAPHER, JCA ( Presided and Read the Lead Judgment )

ZAINAB ADAMU BULKACHUWA, JCA

ALBERT GBADEBO ODUYEMI, JCA

CA/A/123/M/2001

TUESDAY, 15TH JANUARY, 2002

APPEAL - Originating summons pending before court -  Preliminary objection thereto argued by counsel - Court proceeding to enter judgment on the originating summons without argument by counsel -  Nullity of such judgment - Whether Court of Appeal can proceed to hear the originating summons on appeal without first determination by trial court

COURT - Originating summons pending before court -  Preliminary objection thereto argued by counsel - Court proceeding to enter judgment on the originating summons without argument by counsel -  Nullity of such judgment

JURISDICTION - Issue of jurisdiction - Importance of - Need to determine first when raised

JURISDICTION - Lack of jurisdiction - Adjudication without jurisdiction -  Effect of

PRACTICE AND PROCEDURE - Application - Application not yet argued

[2002]  F.W.L.R.                                         All Peoples Party (APP)  vs. Ogunosola                                                  1121 by counsel - Whether court can pronounce thereupon

PRACTICE AND PROCEDURE - Application - Determination of substantive case at interlocutory stage - Impropriety of - Effect

Issues:

1.            Whether the parties were heard particularly the appellants before the trial court gave its judgment on the originating summons.

2.            Whether the court below was right in entertaining the matter in view of the objections raised by the appellant.

3.            Whether originating summons procedure was the appropriate procedure in all the circumstances of this case.

Facts:

The respondent herein as plaintiff filed an originating summons at the High Court of the Federal Capital Territory, Abuja seeking several declaratory orders and injunction against the defendants/appellants who allegedly suspended and removed the plaintiff/respondent as the chairman of APP in Kwara State as well as dissolving the state Executive council of the party in the state.

The appellants entered appearances and filed a counter-affidavit to the originating summons. The appellants also on the 18th July, 2001 filed an application challenging the jurisdiction of the court below to entertain the originating summons.

On the 3rd day of August, 2001, the learned trial Judge delivered a judgment which appellants felt dissatisfied about and filed this appeal. The Court of Appeal is called upon to determine, among other issues, whether the learned trial Judge has had arguments of the parties on the originating summons before delivering judgment which extensively touched on the root of the originating summons.