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ORAKUL RESOURCES LIMITED & ANOR
V.
N.C.C. & ORS

(2007) JELR 57731 (CA)

Court of Appeal 24 Jan 2007 Nigeria
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- The appellants challenged the Nigerian Communications Commission’s (1st respondent’s) determination on interconnection rates, seeking declaratory and injunctive reliefs, but commenced the action without first requesting reasons for the de

Case Details

Suit Number:CA/A/96/2005
Judges:OLUFUNLOLA OYELOLA ADEKEYE JCA (Presided) MARY U. PETER-ODILI JCA (Read the Lead Judgment) BODE RHODES-VIVOUR JCA
Counsel:O. F. Uchendu for the Appellant; Chief Chike Offodile SAN (with him, Nneka Offodile, Audu, Anuga, Paulyn Abhulimen and Chinedu Ume) for the 1st and 5th Respondents; Rotimi Ogunneso (with him, M. S. Yusuf) for the 2nd Respondent; O. Ajunwa for the 3rd Respondent; Tunji Adetola for the 4th Respondent.
Other Citations:(2007) 16 NWLR (Pt. 1060) 270

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 interconnection rate determination that purportedly 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 the …

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