MEDICAL LABORATORY SCIENCE COUNCIL OF NIGERIA V. NWANKWO KENNETH O. & ORS

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment): The Appellant is the 1st defendant in suit no. FHC/UM/CS/14/2013 while the Respondent is the plaintiff. In the said suit, the plaintiff claimed of the defendant as follows: -

(i) A Declaration that as a fully trained and practicing Microbiologist he is entitled to own, run and operate a microbiology laboratory without any reference to or interference by the Defendants.

(ii) A Declaration that the 1st Defendant is not authorized or entitled to regulate the Plaintiffs business and practice of his microbiology profession in Nigeria and under any circumstances whatsoever.

(iii) A Declaration that the Plaintiff is not a member of the 2nd Defendant and consequently the 2nd Defendant is not entitled to coerce him into her membership or interfere with his practice of his profession.

(iv) A Declaration that the invasion of the Plaintiffs Microbiology laboratories at Umuodu Abayi Aba in the Osisioma Ngwa L.G.A. on the 9/8/2011 by the Def…