Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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