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BAUCHI STATE ENVIRONMENTAL PROTECTION AGENCY (BASEPA) & ANOR v. MALAM SANI ISA & ORS

(2016) JELR 37064 (CA)

Court of Appeal  •  CA/J/238/2014  •  4 Mar 2016  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; JOSEPH TINE TUR JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The Bauchi State Environmental Protection Agency (BASEPA) (1st appellant) and the Attorney-General of Bauchi State (the 2nd appellant) were sued by the respondents in the High Court of Bauchi State holden at Bauchi on 30th August, 2013. The action came to Court by way of Originating Summons supported by affidavit, documentary Exhibits, and the written address of Counsel. The appellants entered appearance and filed a counter affidavit supported by a written address of Counsel. The respondents proffered the following questions for determination by the Court below to wit

"1. Whether the issuance of notice to abate nuisance on the plaintiffs by the sanitary inspector is valid without following due process of law with regard to the provisions of Section 14(1)(b) Cap 47 of the Laws of Bauchi State of Nigeria, Volume 1 of 1991 ?

2. Whether in view of Section 32(i) to (c) of the Laws of Bauchi State of Nigeria Cap 47, Volume 1 of 1991 …

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