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COSMAS MADUKA v. DR PATRICK IFEANYI UBAH & ORS

(2014) JELR 36374 (CA)

Court of Appeal  •  CA/L/199B/2013  •  7 Nov 2014  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE E. IYIZOBA, J.C.A. (DELIVERING THE LEADING JUDGMENT): By an originating motion dated the 4th day of January, 2013 and brought under the Fundamental Rights (Enforcement Procedure) Rules 2009, the 1st and 2nd Respondents as Applicants claimed the following reliefs against the Appellant (as 4th Respondent) and 3rd - 5th Respondents:

"1. A DECLARATION that the persecution and public condemnation of the Applicants, camouflaged by the 1st and 2nd Respondents as an "investigation" of allegations made by the Presidential Committee on verification and Reconciliation of Subsidy Payments to Petroleum Product Marketers under the control and Chairmanship of the 3rd Respondent and allegations made by the 4th Respondent, a co-director with the 3rd Respondent in Access Bank Plc (over ongoing civil contractual disagreements with the Applicants) and who have both expressed a determination, by all means available to them, to damage the Applicants' reputation and business, is a prosecutorial misco…

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