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RT. HON. UDUIMO ITSUELI & ANOR v. SECURITIES AND EXCHANGE COMMISSION & ANOR

(2016) JELR 36857 (SC)

Supreme Court  •  SC.188/2013(R)  •  29 Jan 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; OLABODE RHODES-VIVOUR JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC;

Judgement

MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, J.S.C. (Delivering the Lead Ruling): Both parties filed similar motions and asked for similar reliefs vis-a-vis the enforcement of the fundamental human rights. On 5th May, 2008, with consent of all the parties the Federal High Court Lagos, consolidated the two suits i.e suit Nos. FHC/L/CS414/08 and FHC/L/CS/430/08. That Court also ordered the main suits and the notice of preliminary objection be taken together and that written addresses be submitted in respect of same. The written addresses were duly adopted on 18/6/2008.

Both applications and written addresses were considered by the Federal High Court the provisions of the Constitution of the Federal Republic of Nigeria as amended were taken into consideration. The relevant averments in various affidavit evidence of both parties were closely analyzed. It was argued that based on the affidavits evidence before that Court, i.e. Federal High Court, the applicants received several notices informing …

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