ADEBAKIN & ANOR. v. ARCON & ANOR.

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Facts:

The plaintiffs filed an amended originating summons before the Federal High Court, Lagos Division on the 7th of February, 2018, seeking several declarations from the court and praying the court for an order compelling the 1st Defendant to immediately cease and desist from performing any functions or exercising any statutory powers pursuant to the Architects (Registration Etc.) Act Cap. A19, Laws of the Federation of Nigeria 2004, until the inauguration of a validly constituted Council for the 1st Defendant, and compelling the 1st Defendant to, upon the inauguration of a validly constituted Council, immediately register the Plaintiffs as architects pursuant to the Architects (Registration Etc.) Act Cap. A19, Laws of the Federation of Nigeria 2004.
The 1st Defendant via a Motion contended that the plaintiff’s suit is merely aca demic since the reliefs sought are no longer live issues in the substantive case, therefore no cause of action against the 1st defendant. It also contended that even if the 1st Defendant was dissolved as posited by the plaintiff’s, a new Board of the 1st Defendant has since been inaugurated, and that the New Board cannot be held responsible for an action taken by the already dissolved Board; that until the Plaintiffs present themselves to the new Board and get rejected; they can no longer maintain this action against the 1st Defendant, and thus should be dismissed.

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