DR. JEREMIAH ABALAKA V. MINISTER OF HEALTH & ORS.
(2006) JELR 48742 (CA)
Court of Appeal
•
CA/A/131M/2005
•
17 Jan 2006
•
Nigeria
Coram
VICTOR AIMEOPOMO OYELEYE OMAGE JCA;
MONICA DONGBAN-MENSEM JCA;
MARY UKAEGO PETER ODILI JCA;
Appearances
Ben Omale, (with him, E. Onwubiko, H. Katto (Miss), R. Akeh) For Appellant
Chief Adetola Kassem (SAN) (with him, Chidi Ibe) - for the 2nd and 3rd Respondents.1st Respondent absent and unrepresented For Respondent
Judgement
<p>ODILI, J.C.A. (Delivering the Lead Ruling): In a motion on notice dated 23rd June 2005 and filed on the same date, the applicant prayed for the following reliefs:-</p><p> 1. An order of interlocutory injunction restraining the respondents either by themselves, their agents, servants or privies from investigating, trying or in anyway subjecting him to any judicial or quasi-judicial proceeding pending the determination of his appeal pending before the Supreme Court.</p><p> 2. Further or other orders as this honourable court may deem fit to make in the circumstances.</p><p> In moving the motion learned counsel for the appellant/applicant Mr. Ben Omale stated that the application was brought pursuant to order 8 rule 12(3) of the Supreme Court Rules 1985, order 3 rule 3 of the Court of Appeal Rules and S.16 of the Court of Appeal Act. </p><p> Learned counsel referred to the 4 paragraph supporting affidavit deposed to by one John Usman, litigation secretary of Isaac Okpanachi and Company counsel to the appellant/appli…</p>