CHIEF GANI FAWEHINMI V. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA & ORS

ABOKI, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of B.F.M. Nyako, J. of the Federal High Court, Abuja delivered on Thursday, 7th October, 2004 in which the learned trial Judge struck out the appellant's suit on the basis that the appellant has no locus standi to maintain the action.

The facts of the case are that the appellant as plaintiff in the lower court instituted an action against the respondents seeking for determination of the following questions:-

"(a) Whether any public officer in Nigeria particularly a Minister of the Federal Republic of Nigeria is entitled to be paid yearly salary outside the salary prescribed by Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) Act No. 6 of 2002.

(b) Whether any Public Officer in Nigeria particularly a Minister of the Federal Republic of Nigeria is entitled to be paid in Foreign currency outside the currency prescribed by Certain Political, Public and Judicial Office Ho…