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ORAKUL RESOURCES LTD & ANOR. V. NCC & ORS.

(2022) JELR 109138 (SC)

Supreme Court  •  SC.142/2007  •  7 Jan 2022  •  Nigeria

Coram
Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Ejembi Eko JSC Mohammed Lawal Garba JSC Ibrahim Mohammed Musa Saulawa, JSC Emmanuel Akomaye Agim, JSC

Appearances
Okey Uzoho Esq. with him Amaka Emeka, Esq. (Mrs), Innocent Ezeugo Esq. and ThankGod S. Alfa, Esq. for the 1st & 2nd Appellants; Nneka Ofodile, Esq. with him Audu Anuga, Esq. and Samson Adikwu Eigege, MCIArb for the 1st & 5th Respondents; Oladipo Tolani, Esq. FCIAab (UK) with him Kabir Momoh, Esq. MCIArb (UK) for the 2nd Respondent; Okechukwu Ajunwa, Esq. with him Kalchy Felix, Esq., Chinasa Maduka (Mrs), Isiaq Adekunle, Esq., Morayo Aladetoyinbo, Esq., Kenneth Anyang, Esq., Paschal Ukah, Esq., Chilneziem Ifeanye-Amos, Esq. and Mazeedah Agboola, Esq. for the 3rd Respondent; Chibuike E. Soronnadi, Esq. for the 4th Respondent.

Judgement

MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Leading Judgment): By a writ of summons dated 26th February, 2004 issued at the Federal High Court, Abuja (trial Court), the Appellants claimed declaratory and injunctive orders against the Respondents and one other, as follows:-

"a. A declaration that the purported exercise of the 1st defendant's regulatory powers with respect to the purported interconnection rate determination issued on December 2, 2003 was in breach of Sections 57, 58, 60, 70, 71, 99, etc of the Nigerian Communications Act, 2003 and therefore invalid, null and void and of no effect whatsoever.

b. A declaration that the purported interconnection rate determination issued by the 1st defendant on December 2, 2003, was in breach of Section 97 of the Nigerian Communications Act, 2003 and therefore invalid, null and void and of no effect whatsoever.

c. A declaration that the purported interconnection rate determination issued by the 1st defendant on December 2, 2003, having been …

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