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FAWEHINMI
V.
PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA & ORS

(2007) JELR 48121 (CA)

Court of Appeal 20 Jul 2007 Nigeria
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- The Court of Appeal set aside the trial court’s decision and held that the appellant had locus standi to challenge the payment of ministerial salaries in excess of, and in foreign currency contrary to, the Certain Political, Public and Ju

Case Details

Suit Number:CA/A/190/04
Judges:RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria
Counsel:Clement Onwuenwunor (with him, Gerald Ogokeh) For Appellant Alfred Uwaka For Respondent
Other Citations:(2007) 14 NWLR (Pt. 1054) 275, FAWEHINMI V. PRESIDENT, F.R.N. (2007) 14 NWLR (Pt.1054) 275 C.A.

ABOKI, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of B.F.M. Nyako, J. of the Federal High Court, Abuja delivered on Thursday, 7th October, 2004 in which the learned trial Judge struck out the appellant's suit on the basis that the appellant has no locus standi to maintain the action.

The facts of the case are that the appellant as plaintiff in the lower court instituted an action against the respondents seeking for determination of the following questions:-

"(a) Whether any public officer in Nigeria particularly a Minister of the Federal Republic of Nigeria is entitled to be paid yearly salary outside the salary prescribed by Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) Act No. 6 of 2002.

(b) Whether any Public Officer in Nigeria particularly a Minister of the Federal Republic of Nigeria is entitled to be paid in Foreign currency outside the currency prescribed by Certain Political, Public and Judicial Office Ho…

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