(2011) JELR 44035 (CA)    

Court of Appeal  ·  CA/A/324/07 ·  3 Feb 2011 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
senior counsel
fair hearing
supreme court
constitutional power
determination of this appeal
3rd respondent
allegation of bribery
first respondent
instant case
learned trial judge
lower court
constitution of the federal republic of nigeria
criminal offence
judicial office
preliminary objection
president of the federal republic of nigeria
briefs of argument
following authorities
mr. b.e.i. nwofor
recommendation of the 7th respondent
sets of the respondents
submissions of counsel
2nd june
ahaneku vs ekeuo
appellant leave
canvass argument
competence of the appeal
constitutional right
court.the law
equivalent of the provisions of section
federal high court abuja
following reliefs
hon. justice paul adamu galinje
honourable court
judicial office of the applicant
judicial review
latter section of the constitution
leading judgment
paragraphs b-c
peculiar facts of this case
recommendation of the panel of inquiry
reply briefs
respect of the criminal accusations of bribery
said motion
sofekun vs akinyemi
such further order

HON. JUSTICE PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): On the 15th of May, 2005 the Federal High Court Abuja (henceforth to be referred to as the "lower court) granted to the Appellant leave to apply for judicial review. Pursuant to the leave so granted, the Appellant filed a motion on notice on the 2nd June, 2005 seeking for the following reliefs:-

"1. A declaration that the recommendation of dismissal from judicial office of the Applicant by the Respondents is unconstitutional, null and void and of no effect.

2. An order of prohibition restraining the Respondents from acting on the recommendation of the panel of inquiry of the 1st Respondent recommending to the 3rd Respondent that the Applicant be removed or dismissed from judicial office.


3. A declaration setting aside the removal or dismissal from office of the Applicant by the 3rd Respondent on the recommendation of the 7th Respondent.

4. An order of certiorari removing the investigations, findi…

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