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FIRST GUARANTEE PENSION LIMITED V. DERRICK ROPER & ORS

(2020) JELR 111349 (CA)

Court of Appeal  •  CA/A/428A/2012  •  30 Apr 2020  •  Nigeria

Coram
STEPHEN JONAH ADAH JCA PETER OLABISI IGE JCA MOHAMMED BABA IDRIS JCA

Appearances
George E. Ukaegbu Esq., with M.C.Nwoye Esq., and Emmanuel Akuma Esq., for the Appellant; M. Mordi Esq., for the 1st and 2nd Respondents; Kanna Penzin Esq., with Victoria lwo Esq., and Mimi Nienge Esq., for the 3rd Respondent; Olabisi Soyebo SAN, with Babayemi Olaniyan Esq., lbukun Oluwakiitan Oyeyipo Esq., for the 4th Respondent; Smart lheozor Esq., with: F.O. Amedu Esq., for the Party Seeking to Join as 5th Respondent.

Judgement

STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Abuja Division in Suit No: FHC/ABJ/CS/709/2011. The decision was delivered on 18th day of July, 2012; (Coram: D.U. Okorowo, J.).

The appellant was the 3rd Respondent at the trial court while the 3rd and 4th Respondents were the 1st and 2nd Respondents respectively in the suit which was commenced under the Fundamental Rights (Enforcement Procedure) Rules 2009 on the 4th of August, 2011 by the present 1st and 2nd Respondents as Applicants.

The underlining facts of this case are as hereunder rendered.

The 1st and 2nd Respondents filed this suit under the Fundamental Rights (Enforcement' Procedure) Rules 2009 challenging the removal of the 1st Respondent as a Director of the Appellant and alleged a breach of their right to fair hearing in the conduct of the 3rd Respondent leading to the removal of the 1st Respondent as a director of the Appellant.

The Appellant in oppos…

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