ORAKUL RESOURCES LTD & ANOR.
V.
NCC & ORS.
MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Leading Judgment)
By a writ of summons dated 26th February, 2004 issued at the Federal High Court, Abuja (trial Court), the Appellants claimed declaratory and injunctive orders against the Respondents and one other, as follows:-
"a. A declaration that the purported exercise of the 1st defendant's regulatory powers with respect to the purported interconnection rate determination issued on December 2, 2003 was in breach of Sections 57, 58, 60, 70, 71, 99, etc of the Nigerian Communications Act, 2003 and therefore invalid, null and void and of no effect whatsoever.
b. A declaration that the purported interconnection rate determination issued by the 1st defendant on December 2, 2003, was in breach of Section 97 of the Nigerian Communications Act, 2003 and therefore invalid, null and void and of no effect whatsoever.
c. A declaration that the purported interconnection rate determination issued by the 1st defendant on December 2, 2003, having been ma…