(2005) JELR 46441 (CA)    

Court of Appeal  ·  CA/A/121/2003 ·  13 Jun 2005 ·  Nigeria
Other Citations
Abalaka v. Min. of Health (2006) 2 NWLR (Pt.963)105
Abalaka v. Min. of Health (2006) 2 NWLR (Pt. 963) 105
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria MARY PETER ODILI Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd respondents
lower court
1st respondent
3rd respondent
learned trial judge
2nd respondent
affidavit evidence
dr. seyi roberts
issue no.1
own case
fundamental rights
miscarriage of justice
statutory bodies
bulk of the affidavit evidence
dental practitioners
medical practitioners
provisions of chapter iv
respective parties
allegation of manipulation
appellant made submissions
bias of the 3rd respondent
bias of the learned trial judge
bulk of the appellant
efforts of the applicant
evidence act of the national assembly
exception of the 1st respondent
federal high court
following issues
honourable court
houses of assembly of the states
leading judgment
order of mandatory injunction
professional conduct of the applicant
receipt of the aforesaid letter of invitation
respondent hold sway
right decision
see reg
such open hostility
trial of the appellant
tribunal of its members
virtue of their membership of the nigerian medical association

I. T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): In a motion on notice dated 5th day of July, 2000, and filed at the Federal High Court, Abuja (lower court) on 7th July, 2000, the appellant herein, as applicant, prayed for the following reliefs -

"1. A declaration that the respondents are under the complete control and authority of the Minister of Health and that they are bound to carry out any directive he gives them.

2. A declaration that the Minister of Health by his public utterances and actions is in open hostility to the efforts of the applicant and his discovery or effect preventive and curative vaccines against HIV infection.

3. A declaration that such open hostility and implacable opposition of the Minister to the applicant and his discoveries have impugned the independence and impartiality of all organs and public offices and persons under his control to carry out any judicial or quasi-judicial duties.

4. A declaration that the 2nd and 3rd respondents' independen…

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