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HEPA GLOBAL ENERGY V. FEDERAL REPUBLIC OF NIGERIA

(2016) JELR 52914 (CA)

Court of Appeal  •  CA/L/147C/2016  •  13 Jul 2016  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA (Presided) JAMILU YAMMAMA TUKUR JCA

Judgement

OBASEKI-ADEJUMO JCA (Delivering the Lead Ruling):

The appellant/applicant vide a motion on notice dated and filed on 7 June 2016 sought for an order, to wit:

“1. A mandator y order of r estor ative injunc tion compelling the respondent including the Economic and Finacial Crime Commision (EFCC) and/or anyone acting or purporting to act for on their behalf to restore and/or refund the sum of USS975,709.50 (nine hundred and seventy-five thousand, seven hundred and nine United States Dollars, fifty cents) or any other sum of money contained in the appellant/ applicant’s company naira account No. 0342986032 , domiciled with First City Monument Bank Plc. (FCMB), together with interests at 6% per annum , which was unlawfully transferred by the respondent including EFCC and/or through FCMB from the account of the applicant to the Consolidated Revenue Fund Account domiciled with the Central Bank of Nigeria on 27 November 2015 in spite of the prompt service of the applicant’s notice of appeal d…

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