REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of the Federal High Court, Abuja Division in suit No. FHC/ABJ/PET/5/2002 delivered on the 15th of January, 2003.
The Appellant was the 1st Respondent in the Court below. The 1st and 2nd Respondents were the petitioners and the 3rd, 4th and 5th Respondents were all Respondents.
The petitioners in the Federal High Court commenced this matter by filing a petition dated 17th September, 2002 seeking the following reliefs.
(i) A DECLARATION that the appropriate authority vested with power by Section 314 of the Companies and allied Matters Act to cause an investigation to be conducted into the affairs of the 1st respondent which is a Company having Share Capital is the Corporate Affairs Commission. (ii) A DECLARATION that it is not lawful for the President of the Federal Republic of Nigeria to set up the 2nd Respondent presided over by the 3rd Respondent to investigate the af…