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DR. ANTHONY IGWEGBE v. MR. OBI AYOBAMCHUKWU ANSELEM & ORS

(2017) JELR 37782 (CA)

Court of Appeal  •  CA/E/343/2014  •  27 Jan 2017  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal from the ruling of the Federal High Court delivered on 27/3/2014 in suit No. FHC/AWK/CS/38/13. By an amended originating summons filed on 27/6/2012, the 1st respondent in this appeal had sought the determination of the following questions and reliefs from the Court below:

(a) "Whether having regard to the clear provisions of the University Teaching Hospitals (Reconstitution of Boards, etc) Act, Cap. U15, Laws of the Federation (LFN) 2004 and in particular, Section 5(2) (a) thereof, the words "medically qualified" can be restricted to only medical doctors registered with the Medical and Dental Council of Nigeria (MDCN).

(b) Whether having regard to the aforementioned Act, applications from suitably qualified candidates in respect of the advertisement for the post of Chief Medical Director of the Nnamdi Azikiwe University Teaching Hospital, Nnewi (NAUTH) as contained in the Vanguard Newspaper of No…

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