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OLUMIDE BABALOLA v. ATTORNEY GENERAL, FEDERATION & ANOR

(2018) JELR 42016 (CA)

Court of Appeal  •  CA/L/42/2016  •  15 Feb 2018  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; YARGATA BYENCHIT NIMPAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the decision of the Federal High Court sitting in Lagos (the Court below) by which it struck out the originating summons brought by the appellant for the interpretation of the appellate jurisdiction of the National Industrial Court (N.I.C.) under Sections 243(2) and (3) and 254(c) of the Constitution of the Federal Republic of Nigeria 1999 (1999 Constitution) vis-a-vis the fundamental right to fair hearing enshrined in Section 36(1) of the 1999 Constitution read with Section 242 thereof as it affects the appellant who was held by the Court below to lack the standing to sue over what the Court below held was "frivolous and vexatious action" sponsored by "a professional litigant and meddlesome interloper".

Sketchily stated, the appellant filed an originating summons at the Court below. It sought to enforce a right to fair hearing under Section 36(1) of the 1999 Constitution. The right to fair hearing was…

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