ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This Appeal against the decision of Abimbola Osarugue Ogie J. of the Federal High Court, Abuja, delivered on 27th July, 2007.
The Plaintiff at the lower Court took out an Originating Summons challenging the constitutionality of the 1st Appellant's Committee on Public Petition which was about to investigate the allegations of Ogbako Etche socio-cultural organization in a Petition dated 29th May, 2007 against the 1st Plaintiff which had decided to site its Integrated Hazardous Radioactive Waste Management Facility (IWMF) in Etche, Rivers State.
The Plaintiff in its Originating Summons also claimed for an Order of Perpetual Injunction restraining the Defendants from commencing or continuing with the investigative hearing of the Petition. It also invited the lower Court to interpret the provisions of Section 88 of the Constitution of the Federal Republic of Nigeria 1999.
The 2nd and 3rd Defendants filed a counter-affidavit in oppositio…