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AUSTIN AYOWE, ESQ V. THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, CHIEF OLUSEGUN OBASANJO & ORS.

(2005) JELR 45133 (CA)

Court of Appeal  •  CA/A/6/2005  •  8 Dec 2005  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; MARY UKAEGO PETER-ODILI JCA; OLABODE RHODES-VIVOUR JCA;

Judgement

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the ruling on the preliminary objection raised by the now respondent to the action of the now appellant. The appellants were plaintiffs in the Federal High Court of Nigeria.

The plaintiffs in that Court had commenced proceedings therein by originating summons dated 15/11/2004. In the said summons, the plaintiffs named Austin Awoye Esq. (ii) Dafe Karl Chuks. For themselves and on behalf of members of the Niger Delta Democratic Union (NDDU) seek through the court the reliefs hereafter itemized from the following (1) The President of the Federal Republic of Nigeria, Chief Olusegun Obasanjo (2) The Attorney-General of the Federation (3) The Petroleum Production Pricing Regulatory Authority (PPPRA).

From whom the plaintiffs claim the following reliefs-

"1. A declaration that by virtue of (a),(b),(d) above, the office and functions of the Minister of Petroleum Resources shall/must be exercised b…

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