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ABALAKA
V.
MINISTER OF HEALTH & 3 ORS

(2025) JELR 114212 (SC)

Supreme Court 4 Jun 2025 Nigeria
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- The appellant, Dr. Jeremiah Abalaka, claimed to have achieved a cure for HIV and was subsequently invited by the Medical & Dental Practitioners Investigating Panel (3rd Respondent) to answer to allegations of professional misconduct arisi

Case Details

Suit Number:SC.196/2005
Judges:Uwani Musa Abba Aji, JSC Ibrahim Mohammed Musa Saulawa, JSC Emmanuel Akomaye Agim, JSC Chioma Egondu Nwosu-Iheme, JSC Jamilu Yammama Tukur, JSC
Counsel:I. G. ABAH, ESQ. with him, C. S. ACHEBE, ESQ. For the Appellant(s) MARTIN ATOJOKO, ESQ. with him, C. M. ODANWU, ESQ. - FOR the 1ST RESPONDENTS HASSAN T. FAJIMITE, ESQ. FOR the 2ND & 3RD RESPONDENTS.

JUDGEMENT

INTRODUCTION: 

This appeal borders on Enforcement of Fundamental Rights. 

FACTS: 

This appeal is against the decision of the Court of Appeal. 

The Appellant, Dr. Jeremiah Abalaka, claimed to have made a therapeutic breakthrough the treatment of HIV. Consequent upon the said claim, the Appellant received a letter fro the Medical & Dental Practitioners Investigating Panel, the 3rd Respondent, on May 2 2000, inviting him to appear before them to investigate allegations of profession misconduct related to his HIV treatment claims. The Appellant filed an ex-pa application to enforce his fundamental human rights, arguing that the 3rd Respondent w acting as the accuser, prosecutor, and judge in its own case, which violated his rights fair hearing. The FCT High Court initially granted an interim injunction restraining t 

Respondents from investigating the Appellant, but later struck out the motion jurisdictional grounds. Consequently, the Appellant filed another motion before the Fede Hig…

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