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MUSA BABA PANYA V. PRESIDENT OF FEDERAL REPUBLIC OF NIGERIA & ORS

(2018) JELR 39010 (CA)

Court of Appeal  •  CA/A/412/2016  •  15 Jan 2018  •  Nigeria

Coram
TINUADE AKOMOLAFE-WILSON JCA EMMANUEL AKOMAYE AGIM JCA MOHAMMED MUSTAPHA JCA

Appearances
Baba-Panya Musa, with him, Lydia Izan, I. A. Chidi, Sylvanus Tanko and M. Mathew For Appellant Dayo Apata Esq. - Solicitor-General of the Federation,Oyin Kolesoeho, SSC (of FED MON) for 1st and 2nd RespondentsM. N. Mohammed for 3rd Respondent For Respondent

Judgement

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): The Appellant, as 1st plaintiff and the 3rd respondent as 2nd plaintiff by an originating summons dated 20th February, 2015 filed in the Federal High Court, Abuja, sought against the 1st and 2nd respondents as 1st and 2nd defendants respectively the determination of the following:-

1. Whether by the combined provisions of Section 147(1), (3), 14(3) and 299 of the 1999 Constitution the indigenes of FCT-Abuja are entitled to Ministerial appointment into the Federal Executive Council.

2. Whether the continued refusal, failure and default by previous and current Presidents to so appoint an indigene of FCT-Abuja as minister of the Federation tantamount to a flagrant violation of the 1999 Constitution.

3. Whether the continuous refusal, failure and default by previous and current presidents to so appoint an indigene of FCT-Abuja as Minister of the Federation tantamount to acts of discrimination and same is a breach of the fundโ€ฆ

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