Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



CHAIRMAN AND MEMBERS OF THE SPECIAL INVESTIGATION PANEL OF THE NATIONAL HUMAN RIGHTS COMMISSION ON OIL SPILLS & ENVIRONMENTAL POLLUTION & ORS.
V.
TOTAL E & P (NIG) LTD

(2021) JELR 108773 (CA)    
Court of Appeal  ·  CA/C/400/2017 ·  5 Mar 2021 ·  Nigeria
CORAM
Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA

Ratio Decidendi

Core Terms Beta
federal high court
respondent
civil process act
ultra vires
lower court
farmers association of nigeria
total e
2nd appellant
national assembly
civil procedure
trial court
environmental pollution
learned counsel
oil spillage
1st respondent
akwa ibom state chapter
cross river state chapter
enabling act
national human rights commission act
2nd respondent commission
3rd appellant
3rd appellants
3rd respondents
applicant’s counsel
civil proceeding
combined effect of section
constitution vest
deleterious effects
favour of the applicant
federal capital territory
high court
honourable court
judgment of the federal high court
judicial powers of courts
jurisdiction of the lower court
leading judgment
leave exparte
mandatory provisions of section
oil exploration activities of the respondent
oil spill
procedural jurisdiction
regards complaint no. c
respondent’s oil exploration activities
said judgment
service of the originating processes
service of the writ of summons
sets of issues
social democratic party
such oil spillage
vest powers of adjudication

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering The Leading Judgment): This appeal is against the judgment of the Federal High Court sitting in Uyo, Coram F. O. Riman, J. delivered on the 17th day of May, 2017 granting the judicial review of the proceedings of the 1st appellant as regards complaint No. C/2016/320697-320697/HQ of 2016: ALL FARMERS ASSOCIATION OF NIGERIA (AFAN) AKWA IBOM STATE CHAPTER and TOTAL E and P NIGERIA LTD complaint NO. C/2016/569865/HQ of 2016 ALL FARMERS ASSOCIATION OF NIGERIA (AFAN), CROSS RIVER STATE CHAPTER in favour of the applicant (now respondent).

​The applicant applied for leave exparte and upon its grant on 23/6/2016, the applicant now respondent through a motion on notice brought pursuant to Order 34 Rule 5 of the Federal High Court (Civil Proceeding) Rules 2009 prayed for an order of judicial review of the 1st appellant’s proceedings as well as certain declaratory reliefs at pages 48-49 of the record of appeal. On service of the originating processes on t…

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