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ABALAKA
V.
MINISTER OF HEALTH & ORS.

(2005) JELR 46441 (CA)

Court of Appeal 13 Jun 2005 Nigeria
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- The appellant, a medical practitioner who claimed to have discovered preventive and curative vaccines for HIV infection, challenged the authority and impartiality of the Minister of Health, the Medical and Dental Council of Nigeria (MDCN)

Case Details

Suit Number:CA/A/121/2003
Judges: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
Counsel:Isaac Okpanachi For Appellant 1st respondent absent and unrepresented G. A. Adetola-Kaseem, SAN, (with him, C. Ibe, Esq.) For Respondent
Other Citations:Abalaka v. Min. of Health (2006) 2 NWLR (Pt.963)105, (2005) JELR 114229 (CA)

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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