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ORAKUL RESOURCES LIMITED & ANR. V. NIGERIAN COMMUNICATIONS COMMISSION & ORS.

(2007) JELR 33831 (CA)

Court of Appeal  •  CA/A/96/2005  •  24 Jan 2007  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA; MARY U. PETER-ODILI JCA; BODE RHODES-VIVOUR JCA;

Judgement

MARY U. PETER.ODILI, J.C.A. (Delivering the Leading Judgment): This is an appeal by the plaintiffs/Appellants (hereinafter called the Appellants) against a ruling delivered by Justice B.F.M. Nyako of the Federal High Court, Abuja on the 27th December 2004 whereby she struck out the Appellants' action on the ground that the appellants failed to seek and obtain the 1st Defendant/Respondent's reasons for issuing a purported interconnection rate determination that purportedly approved interconnection rates between mobile and fixed networks.

FACTS BRIEFLY STATED

The Appellants commenced the substantive action seeking declaratory and injunctive reliefs against the Defendant/Respondents for failing to comply with the stringent requirements applicable to the 1st Appellant's exercise of her regulatory powers on interconnection rates. Such requirements mandate the 1st Respondent to issue a public notice inviting all stake holders to a public inquiry as a pre-condition to the enactment of a regu…

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