ORAKUL RESOURCES LTD
V.
N.C.C.

(2007) JELR 57731 (CA)    

Court of Appeal  ·  CA/A/96/2005 ·  24 Jan 2007 ·  Nigeria
 · 
Other Citations
Orakul Resources Ltd. v. N.C.C. (2007) 16 NWLR (Pt. 1060) 270
CORAM
OLUFUNLOLA OYELOLA ADEKEYE JCA (Presided) MARY U. PETER-ODILI JCA (Read the Lead Judgment) BODE RHODES-VIVOUR JCA
Core Terms Beta
appellants
counsel
section
aggrieved person
lower court
statement of reasons
nc act
learned trial judge
nigerian communications act
1st respondent
4th respondent
condition precedent
fair hearing
issue
provisions of sections
invocation of the court
substantive suit
aggrieved party
issue no.
learned counsel
mr. uchendu
similar applications
substantive action
5th respondents
factual issues
such conditions
use of the word
1st appellant’s exercise
1st defendant
3rd respondent’s brief
6th respondent
appellants’ action
brief of argument
court of law
delta state steel company limited
different case
earlier decision
nigeria communications act
nigeria n communications act
provisions of sub-section
respective preliminary objections
respondents’ administrative remedies
respondent’s reasons
reversal of the lower court
statement of the commission
such requirements
universal rule
ventilation of their fundamental right

PETER-ODILI JCA (Delivering the Lead Judgment): This is an

appeal by the plaintiffs/appellants (hereunder called the appellants) against a ruling delivered by Justice B.F.M. Nyako of the Federal High

Court, Abuja on 17th December, 2004 whereby she struck out the appellants’ action on the ground that the appellants failed to seek and obtain the 1st defendant/respondent’s reasons for issuing a purported int erconnection ra te de termination that purport edly approved interconnection rates between mobile and fixed networks.

Facts briefly stated

The appellants commenced the substantive action seeking declaratory and injunctive reliefs against the defendants/respondents for failing to comply with the stringent requirements applicable to the 1st appellant’s exercise of her regulatory powers on interconnection rates. Such requirements mandate the 1st respondent to issue a public notice inviting all stake holders to a public inquiry as a precondition to the enactment of a regulation. Because th…

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