CHRISTOPHER OKEKE V. SECURITIES AND EXCHANGE COMMMISSION & ORS.

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court of Lagos State, Judicial Division, which was delivered on September 26, 2008 in Suit No. FHC/L/CS/483/2008 by Abdullahi Mustapha, CJ. By the judgment in-question, the lower court came to the conclusion that the Appellant's right to fair hearing had not been breached. Consequent whereupon, the lower court dismissed the said suit.

BACKGROUND FACTS:

The facts and circumstances surrounding the appeal are gleanable from the records of appeal. In June, 2003, the Appellant was appointed a non-executive director of CADBURY NIGERIA PLC. In June 2006, the Annual Report Accounts of Cadbury Nig. Plc. was sent to the 1st Respondent. Upon reviewing the said report, the 1st Respondent expressed some concerns regarding declining profitability, worsening leverage ratio mis-statements in the company's accounts, et al.

Consequent thereupon, the chairman of Cadbury N…