Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



N.D.I.C.
V.
ETTE

(2015) JELR 79951 (CA)    

Court of Appeal  ·  3 Sep 2015 ·  Nigeria
 · 
Other Citations
N.D.I.C. v. Ette (2016) 8 NWLR (Pt. 1514) 345
CORAM
CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Presided), PAUL OBI ELECHI, J.C.A. (Read the Leading Judgment), JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.

Ratio Decidendi

Core Terms Beta
appellant
court
respondent
affidavit
lower court
action notice
issue no.
counter-affidavit
judgment of the lower court
trial court
6th respondent
fundamental rights
enforcement of his fundamental rights
learned counsel
appellant’s counsel
clear provisions of law
court of its jurisdiction
filing of a counter-affidavit
learned trial judge
notice of appeal
principle of evidence
said judgment
above issue
brief facts of this case
chapter iv of the constitution of the federal republic
clear provisions of the law
discharge of his duty
file papers
filing of the action
following issues
high court of cross river state
inspector general of police
intervention of the attorney general of the federation
judgment of the honourable federal high court
large number
leading judgment
learned appellant’s counsel
learned respondent’s counsel
light of the respondent
mohammed jsc
naira damages
national electric power authority plc
nigeria deposit insurance corporation act
police officers
record of appeal show waybill
related procedures
respondent’s favour
said constitution chapter iv
suit no. fhc
view of the above non-compliance

ELECHI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice A. F. A. Ademola of the Federal High Court, Calabar in suit No. FHC/CA/M121/2011 delivered on the 8th day of December, 2011. The appellant being dissatisfied with the said judgment has now appealed to this court via a notice of appeal.

The brief facts of this case can be reduced thus:

That up to sometime in the year 2001, the respondent was Secretary/Legal Adviser to the a. defunct Co-operative Development Bank Plc;

That it was in the discharge of his duty as officer of the bank that led to his prosecution and related procedures and the matter was withdrawn upon the intervention of the Attorney General of the Federation and accordingly, the charge against him was struck-out on the 23rd b. November, 2006. An action he instituted at the High Court of Cross River State against the Inspector General of Police and the defunct Co-operative Development Bank Plc was in the respondent’s fav…

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