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ABACHA & ANOR
V.
A.G. OF THE FEDERATION & ORS

(2023) JELR 110140 (SC)

Supreme Court 13 Jan 2023 Nigeria
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- This case is an appeal against the decision of the Court of Appeal, Kaduna Division, which upheld the decision of the Federal High Court, Kaduna Division, that the Appellants lacked locus standi to sue. - The Appellants, who are children

Case Details

Suit Number:SC.641/2013
Judges:Musa Dattijo Muhammad JSC Chima Centus Nweze JSC Uwani Musa Abba Aji JSC Mohammed Lawal Garba JSC Helen Moronkeji Ogunwumiju JSC
Counsel:R.O. Afolabi, SAN, with him, Idakwoyi, Haruna, Ekpe and Usman, Esq. For the Appellants; T.A. Gazali, SAN, with him, Shola Linus, ACSC, DS Dekaa ACSC, Suleiman Jubril, and Eric Odonghairo for the 1st and 4th Respondents; Ibrahim Angulu, Esq. for the 2nd and 3rd Respondents; Mrs. Funmi Quadri, SAN for the 5th Respondent.

HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Kaduna Division coram: Abdul Aboki, Dalhatu Adamu and Habeeb Adewale Olumuyiwa Abiru JJCA, delivered on the 25th day of July 2013. Therein, the Court below upheld the decision of the Federal High Court, Kaduna Division and held that the Appellants lacked locus standi to sue.

The facts that led to this appeal are as follows:

Upon the receipt of the report of fraudulent corrupt practices against some companies in February 2008, a special investigation panel was set up by the Federal Government of Nigeria under the office of the National Security Adviser to investigate these companies. In respect of the investigation, some witnesses were invited to appear before the panel. It is against this backdrop that the Appellants as children of late General Sani Abacha, instituted an action against the Defendants/Respondents by an originating summons. The Appellants so…

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