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NATIONAL JUDICIAL COUNCIL v. HON. JUSTICE IYABO YERIMA & ANOR

(2014) JELR 36292 (CA)

Court of Appeal  •  CA/A/523/2011  •  10 Dec 2014  •  Nigeria

Coram
ABUBAKAR J. ABDULKADIR JCA; CON JCA; TANI Y. HASSAN JCA; JOSEPH E. EKANEM JCA;

Judgement

JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Federal Ahigh Court, Abuja (Coram. Adamu Bello, J.) delivered on 29th January, 2011 in suit No. FHC/ABJ/CS/351/2008. The Court (hereinafter referred to as "the lower court") granted the claims of the plaintiff (1st respondent in this appeal) and among other reliefs declared the recommendation of the 1st appellant for removal of the 1st respondent from her office as a Judge as illegal, unlawful and unconstitutional on account of violation of her right to fair hearing.

Aggrieved by the decision, the appellant has appealed to this court by way of a notice of appeal containing four grounds of appeal.

It is necessary for me to state the facts of the case leading to this appeal.

Two petitions were written against the 1st respondent in her capacity as a judge of the Oyo State Judiciary. The first one was signed by Adebayo Shittu, ESQ: in his capacity as the Attorney-General and Commissioner fo…

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