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MADUKA
V.
UBAH & ORS

(2014) JELR 36374 (CA)

Court of Appeal 7 Nov 2014 Nigeria
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- The case involves an originating motion brought under the Fundamental Rights (Enforcement Procedure) Rules 2009. - The 1st and 2nd Respondents claimed various reliefs against the Appellant and other Respondents, including declarations of

Case Details

Suit Number:CA/L/199B/2013
Judges:UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Counsel:N. O. Olaiya Esq., with K. Udemezue, C. O. Onumaegbu and J. C. Umeh For Appellant Ifeoma Esom for the 1st and 2nd RespondentsChief G. O. Obla with Olusola Folarin and M. R. Obla (Miss) for the 3rd & 4th Respondents.Paul Usoro SAN wth Oladimeji Sarumi; Taofik Adeleda and O. O. Amadi for the 5th Respondent For Respondent

CHINWE E. IYIZOBA, J.C.A. (DELIVERING THE LEADING JUDGMENT): By an originating motion dated the 4th day of January, 2013 and brought under the Fundamental Rights (Enforcement Procedure) Rules 2009, the 1st and 2nd Respondents as Applicants claimed the following reliefs against the Appellant (as 4th Respondent) and 3rd - 5th Respondents:

"1. A DECLARATION that the persecution and public condemnation of the Applicants, camouflaged by the 1st and 2nd Respondents as an "investigation" of allegations made by the Presidential Committee on verification and Reconciliation of Subsidy Payments to Petroleum Product Marketers under the control and Chairmanship of the 3rd Respondent and allegations made by the 4th Respondent, a co-director with the 3rd Respondent in Access Bank Plc (over ongoing civil contractual disagreements with the Applicants) and who have both expressed a determination, by all means available to them, to damage the Applicants' reputation and business, is a prosecutorial misco…

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