(2008) JELR 49405 (CA)    

Court of Appeal  ·  CA/A/151/06 ·  10 Jul 2008 ·  Nigeria
Other Citations
Ezerebo v. I.G.P. (2009) 11 NWLR (Pt. 1151) 117
RABIU DANLAMI MOHAMMAD Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
abuse of court process
cause of action
learned counsel
learned trial judge
public officers
statement of claim
instant case
lower court
abuse of process
abuse of process of the court
federal high court
bello vs. a.g. oyo state
british medical association
careful reading of the facts
case of lagos city council
date of suspension
decisions of the 1st respondent
disciplinary actions
factual base
factual situation
fair hearing
final analysis
following cases
following grounds
following reliefs
governor of ekiti state vs. awolola
high court of the fct
honourable court
judicial review
jurisdiction of the court
lawful authority
nlr part
notice of preliminary objection
opposite party
order of court
order of the court
police officer
ruling of the federal high court
said notice of preliminary objection
said ruling of the lower court
such further orders
such process
suit number fhc
supreme court
suspension of the appellant

JIMI OLUKAYODE BADA, J.C.A. (Delivered the Leading Judgment): This is an Appeal against the Ruling of the Federal High Court sitting in Abuja in suit Number FHC/ABJ/M/94/06 - CLETUS O.C. EZEREBO V. INSPECTOR GENERAL OF POLICE and OTHERS delivered on 14th day of July 2006.

The Appellant as Plaintiff by an action commenced by Originating Summons claimed against the Respondents the following reliefs:-

"(a) A declaration that the 1st Respondent acted ultra vires his power in purporting to exercise the power to suspend, discipline and/or retire the Applicant from the Nigeria Police Force.

(b) An Order declaring the Force Disciplinary Committee (FDC) set up by the 1st Respondent to try the Applicant, a Chief Superintendent of Police, as ultra vires, unconstitutional, null and void and of no effect.

(c) A declaration that the suspension of the Appellant by the 1st Respondent without lawful authority and the right to fair hearing is unlawful, unconstitutional and an infraction of the Applican…

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