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HARUNA GYANG & ANOR V. COMMISSIONER OF POLICE, LAGOS STATE & ORS

(2013) JELR 34063 (SC)

Supreme Court  •  SC.360/2007  •  20 Dec 2013  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC;

Appearances
Festus Keyamo, Esq. with B. I. Dakum, Esq. For Appellant Chiesonu I. Okpoko, Esq. For Respondent

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 8th of April, 2013, affirming the ruling of the trial Federal High Court, delivered on 22nd May, 2001.

On the 8th of November, 2000 the Appellants at the Federal High Court sitting in Lagos commenced an action by way of motion ex-parte for leave to apply for an order of certiorari seeking the following reliefs:

"(a) A DECLARATION that the proceedings tagged "CP's Review" signed by one J.A. Alade, Force Provost Marshal, by which the Applicants were dismissed from the Nigeria Police Force, is unconstitutional, illegal, null and void, in that it breaches the Applicant's right to fair hearing as enshrined in Section 36 of the 1999 Constitution of the Federal Republic of Nigeria.

(b) AN ORDER of certiorari removing the proceedings tagged "CP's Review" signed by one J. A. Alade, Force Provost Marshal. By which the Applicants were dismiss…

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