PANYA
V.
PRESIDENT, FRN & ORS

(2018) JELR 39010 (CA)

Court of Appeal · CA/A/412/2016 · 15 Jan 2018 · Nigeria
·

Other Citations

Baba-Panya v. President, F.R.N. (2018) 15 NWLR (Pt. 1643) 395

CORAM

TINUADE AKOMOLAFE-WILSON JCA EMMANUEL AKOMAYE AGIM JCA MOHAMMED MUSTAPHA JCA

Ratio Decidendi

Core Terms ^Beta

appellant

constitution

trial court

3rd respondent

originating summons

preliminary objection

record of appeal

lower court

learned trial judge

minister of the federation

2nd respondents

1st plaintiff

2nd plaintiff

indigene of fct-abuja

joint affidavit

federal executive council

fundamental right action

indigenes of fct-abuja

notice of appeal

fundamental rights enforcement

constitutional rights

constitution of nigeria

federal high court

fundamental objectives

fundamental rights action

grounds of appeal

honourable court

joint action

lower trial court

national unity

action incompetent

appellant's address

appellant's brief

appointed minister

breach of the fundamental right of indigenes

combined provisions of section

competence of the suit

constitutional right

current president of federal republic of nigeria

directives principles of state policy

federal capital territory abuja

final verdict of the learned trial judge

grounds of the objection

indigenes of other states of the federation

indigenous person of fct

interpretation of certain specific provisions

interpretation of specific provisions

plaintiffs suit

rules of this court

statement of claim

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): The Appellant, as 1st plaintiff and the 3rd respondent as 2nd plaintiff by an originating summons dated 20th February, 2015 filed in the Federal High Court, Abuja, sought against the 1st and 2nd respondents as 1st and 2nd defendants respectively the determination of the following:-

1. Whether by the combined provisions of Section 147(1), (3), 14(3) and 299 of the 1999 Constitution the indigenes of FCT-Abuja are entitled to Ministerial appointment into the Federal Executive Council.

2. Whether the continued refusal, failure and default by previous and current Presidents to so appoint an indigene of FCT-Abuja as minister of the Federation tantamount to a flagrant violation of the 1999 Constitution.

3. Whether the continuous refusal, failure and default by previous and current presidents to so appoint an indigene of FCT-Abuja as Minister of the Federation tantamount to acts of discrimination and same is a breach of the fund…

PANYA V. PRESIDENT, FRN & ORS

PANYA
V.
PRESIDENT, FRN & ORS