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…