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MAJOR GENERAL OLU BAJOWA V. FEDERAL REPUBLIC OF NIGERIA & ORS

(2016) JELR 36983 (CA)

Court of Appeal  •  CA/A/155/2007  •  18 Mar 2016  •  Nigeria

Coram
ABDU ABOKI JCA; JOSEPH EYO EKANEM JCA; MOHAMMED MUSTAPHA JCA;

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court, holden at Abuja ("??the trial Court"?? for short) in Suit No.FHC/ABJ/CS/249/2004 delivered on 8/12/2005 in which the trial Court dismissed the suit of the appellant against the respondents for being statute barred. Aggrieved by the ruling the appellant has appealed to this Court vide a notice of appeal filed on 12/12/2005.

At the trial Court the appellant took out an originating summons for determination of the following questions,

"??1. Whether the 1st, 2nd and 3rd Respondent have the power or authority to inquire into, censure, review and /or indict the Applicant with respect to the exercise of the power functions, duties conferred on him while he was the Sole Administrator of Nigeria Airways Limited pursuant to and by virtue of the Nigeria Airways Limited (Appointment of Sole Administrator) Decree 1988 No. 44 of 1988 (now Cap 293 Laws of the Federation of Nigeria …

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