ABALAKA V. MINISTER OF HEALTH & 3 ORS

JUDGEMENT

INTRODUCTION: 

This appeal borders on Enforcement of Fundamental Rights. 

FACTS: 

This appeal is against the decision of the Court of Appeal. 

The Appellant, Dr. Jeremiah Abalaka, claimed to have made a therapeutic breakthrough the treatment of HIV. Consequent upon the said claim, the Appellant received a letter fro the Medical & Dental Practitioners Investigating Panel, the 3rd Respondent, on May 2 2000, inviting him to appear before them to investigate allegations of profession misconduct related to his HIV treatment claims. The Appellant filed an ex-pa application to enforce his fundamental human rights, arguing that the 3rd Respondent w acting as the accuser, prosecutor, and judge in its own case, which violated his rights fair hearing. The FCT High Court initially granted an interim injunction restraining t 

Respondents from investigating the Appellant, but later struck out the motion jurisdictional grounds. Consequently, the Appellant filed another motion before the Fede Hig…