__Declare The Actions Of Defendants Unlawful And Unconstitutional
In a landmark Judgment a High Court of Anambra State in the Idemili Judicial Division at Ogidi, on Tuesday, declared Chief Sir J.I. Ilonze as the duly elected National President of People Club of Nigeria International.
The suit no HID/274/2018, was filed by Incorporated Trustees of the Peoples of Nigeria, Sir, J.I. Ilonze, Chief Iyiama Antony, and Chief John Chuks Onwuazor against Chief Lawerance Arinze, Chief R.O.C. Ekedozie, Chief Darlington Adobe, Elder Smart. Ebere and Fidelis Onyebueke, Esq.
The crux of the matter is that Lawerance Arinze, appointed Ekedozie, as the president of the club when the tenure of the duly elected National President Ilonze, has not expired.
The Defendants have entered their Defence, witnesses and evidences have been taken but unfortunately the defendants and its counsel on several occasions failed to appear in court which made the court to foreclose the defendants paving way for the plaintiffs to file their final address which has been adopted today.
The court noted that it is aware of the tenure of office of elected officers of the 1st plaintiff and the fact that this case has lasted in court for five years thereby meaning that but for this suit, the terms of office of the 2nd plaintiff would have ordinarily elapsed.
However, the tenure cannot be counting while this suit is in court and in the light of the illegal appointment of the 2nd defendant to assume the role and functions of the National President of the 1st plaintiff.
Justice Peter Obiora, in delivering his judgement “Accordingly, I make a consequential order that any purported election or appointment of National Officers of the 1st plaintiff conducted during the pendency of this case is hereby set aside, nullified, and rendered ineffective and illegal.
“The 2nd plaintiff shall complete his tenure which was truncated by the action of the defendants and call for election as required by the constitution of the Ist plaintiff.
Justice Obiora, entering the judgment in favoour of the Plaintiffs further held that the 2nd plaintiff, Chief Sir J.I. Ilonze is the duly elected National President of the ist plaintiff
“I declare that the three (3) years tenure of office of the 2nd plaintiff as the duly elected National President of the 1st plaintiff which was purportedly truncated by the defendants has not elapsed.
“I declare that the action of the 1st defendant in appointing the 2nd defendant, Chief R.O.C. Ekedozie as the National President of the 1st plaintiff is illegal, unlawful and unconstitutional.
“I declare that the action of the defendants in forcefully taking over possession of Rooms 607, 608, 701, 805, 602 and 706 at the Club Guest House Block B of the 1st plaintiff without the permission and consent of the plaintiffs is illegal, unlawful and unconstitutional.
He also granted an order of injunction restraining the defendants, their servants, agents and privies from further interfering with the rights, duties and functions of the 2nd plaintiff as the duly elected National President of the 1st plaintiff.
Cost of action which is accessed at N350,000.00 was also award in favour of the plaintiffs against the defendants.
However, reliefs E, F, G, H and I, claimed by the plaintiffs, in the realm of special damages were not proved and dismissed.
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