(2011) JELR 46043 (CA)    

Court of Appeal  ·  CA/C/94/2010 ·  17 Jun 2011 ·  Nigeria
JA'FARU MIKA'ILU Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
stay of execution
learned counsel
grounds of appeal
lower court
suit no. fhc
counter affidavit
notice of appeal
federal high court
supporting affidavit
2nd defendants
honourable court
instant application
issues of law
stay of execution of the judgment
accelerated hearing of the appeal
alleged abuse of judicial process
determination of the appeal
due administration of justice
exhibit c
fair hearing
grounds of appeal raise
jurisdiction of the lower court
respect of the appeal
rule of law
written address of the learned counsel
2nd respondent
above facts
calabar division of the federal high court
capacity of the 1st defendant
federal republic of nigeria
following orders
following reliefs
further affidavit
hearing of the appeal no. ca
instant case
judgment of the high court calabar
leading judgment
light of this judgment
lone issue
office of the attorney general of the federation
orders of the federal high court calabar
own peculiar facts
oyo state inec
proper exercise of discretion
suit no.fhc
true copy of the judgment of the lower court
written addresses of the learned counsel

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The 1st Respondent herein was the plaintiff in suit No.FHC/CA/CS/50/2009 which he commenced through the originating summons filed at the calabar Division of the Federal High court on 15/5/2009 against the 2nd Respondent and the Applicant as the 1st and 2nd Defendants respectively for the following reliefs:

"AND the plaintiff seeks the following declarations:

1. That the 2nd Defendant undermined and/or subverted the rule of law, the due administration of justice and the independence, authority and integrity of the judiciary in the letter of 8th January 2008, and 16th February, 2009 written by him in the capacity of the 1st Defendant.

2. That the 2nd Defendant is not a competent, fit and proper person to hold and/or continue to hold office as the 1st Defendant having regards to oaths of Allegiance and office.

3. N100,000,000.00 damages against the Defendants jointly and severally.

4. Perpetual injunction restraining the 2nd…

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