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HON. JUSTICE J. U. OBASSE V. THE NATIONAL JUDICIAL COUNCIL THE ATTORNEY-GENERAL OF THE FEDERATION HON. JUSTICE KAYODE ESO (RTD) HON. JUSTICE BABALAKIN REVIEW COMMITTEE THE GOVERNOR OF CROSS RIVER STATE THE ATTORNEY-GENERAL OF CROSS RIVER STATE

(2006) JELR 57378 (CA)

Court of Appeal  •  CA/A/194/03  •  26 Jun 2006  •  Nigeria

Coram
MARY PETER-ODILI JCA OLABODE RHODES-VIVOUR JCA

Appearances
Mr. Paul Erokoro (with him, Miss E. Egbon) - for the Respondent. Mr. C. A. Ajuya (with him, Miss Atijegbe) - for the 1st, 3rd and 4th Respondents. C -*- Mr. O. A. Ebong - for the 2nd Respondent.

Judgement

ADEKEYE JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Federal High Court, Abuja delivered on 9 July 2003, whereupon the learned trial Judge dismissed the application for the enforcement of the fundamental right of the applicant, Justice J. U. Obasse. Before the lower court, the applicant sought for the following six reliefs:

1. Order of the court declaring the Eso Panel Report, as it concerns the applicant null, void, and of no effect, whatsoever, for breaching applicant’s right to fair hearing.

2. Order of the court declaring the Babalakin’s Review Committees proceedings/report and recommendations as concerns the applicant, null, void and of no effect whatsoever for breaching applicants right to fair hearing.

3. Order of the court declaring the National Judicial Council recommendation to retire applicant prematurely, based on the Eso Panel Report and Babalakin Review Committee Report null, void and of no effect whatsoever.

4. Order of the court decla…

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