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NATIONAL PENSION COMMISSION V. CHIEF ORLANDO OLAIYA OJO & ORS

(2013) JELR 35839 (CA)

Court of Appeal  •  CA/L/1103/2011  •  31 May 2013  •  Nigeria

Coram
CHIMA CENTUS NWEZE JCA; CHINWE EUGENIA IYIZOBA JCA; FATIMA OMORO AKINBAMI JCA;

Appearances
Emeka Ngige, SAN, with Obiora Atuegwu Egwuatu and K. Ojukwu For Appellant V. O. Ogude For Respondent

Judgement
<p><strong>CHIMA CENTUS NWEZE J.C.A. (Delivering the Leading Judgment):</strong> This appeal eventuated from a ruling of the Federal High Court, Lagos Judicial Division, delivering on November 28, 2011. In the said ruling, the court (hereinafter referred to as the lower court) awarded an injunctive order pending appeal. The events culminating to the said order may be summed up thus. By their motion ex parte, the first and second respondents in this appeal, [as applicants], moved the lower court for leave to apply for judicial review to entreat for the following reliefs:</p><p> (a) A declaration that the purported removal of the first and second applicants, Chief Orlando Olaiya Ojo and Nze Chidi Duru vide latter Ref. Nos. PENCOM/INSP/SURV/FIRST GUARANTEE/11/12 dated 12 August 2011 and signed by one M.K. Ahmed Director General of National Pension Commission is illegal, null and void and of no effect whatsoever;</p><p>(b) An order of certiorari into this court and quashing the decision removing the first and second appli…</p>

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