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CHAIRMAN AND MEMBERS OF THE SPECIAL INVESTIGATION PANEL OF THE NHRC ON OIL SPILLS & ENVIRONMENTAL POLLUTION & ORS v. TOTAL E & P (NIG) LTD

(2021) JELR 106882 (CA)

Court of Appeal  •  CA/C/400/2017  •  5 Mar 2021  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE, JCA JAMES SHEHU ABIRIYI, JCA MUHAMMED LAWAL SHUAIBU, JCA

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering The Leading Judgment): This appeal is against the judgment of the Federal High Court sitting in Uyo, Coram F. O. Riman, J. delivered on the 17th day of May, 2017 granting the judicial review of the proceedings of the 1st appellant as regards complaint No. C/2016/320697-320697/HQ of 2016: ALL FARMERS ASSOCIATION OF NIGERIA (AFAN) AKWA IBOM STATE CHAPTER and TOTAL E and P NIGERIA LTD complaint NO. C/2016/569865/HQ of 2016 ALL FARMERS ASSOCIATION OF NIGERIA (AFAN), CROSS RIVER STATE CHAPTER in favour of the applicant (now respondent).

​The applicant applied for leave exparte and upon its grant on 23/6/2016, the applicant now respondent through a motion on notice brought pursuant to Order 34 Rule 5 of the Federal High Court (Civil Proceeding) Rules 2009 prayed for an order of judicial review of the 1st appellant’s proceedings as well as certain declaratory reliefs at pages 48-49 of the record of appeal. On service of the originating processes on t…

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