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HON. ALI SANI V. THE NIGERIAN INVESTMENT PROMOTION COMMISSION & ORS

(2021) JELR 111342 (CA)

Court of Appeal  •  CA/ABJ/PRE/ROA/CV/281/M1/2020  •  30 Mar 2021  •  Nigeria

Coram
MOORE ASEIMO ABRAHAM ADUMEIN JCA STEPHEN J. ADAH JCA MOHAMMED MUSTAPHA JCA

Appearances
M. Abu, Esq. with Hassan Yusuf, Esq., for the Appellant/Applicant; Kehinde Ogunwumiju (SAN) with Lukman Saadu, Esq. for the 1st Respondent; Ademola Abimbola, Esq. with Funmilayo Longe, Esq. for the 2nd Respondent; Tunde Babalola (SAN) with Mrs. Olamide Adekunle, Esq. for the 3rd Respondent

Judgement

MOORE ASEIMO ABRAHAM ADUMEIN, JCA (Delivering the Leading Ruling): By a motion on notice filed on 18/05/2020, the appellant/applicant is seeking the following relief:

"1. AN ORDER restraining the Respondents, by themselves, through their agents, Representatives, Assigns, privies, etc from spending   any   sum/monies   from   the Internally Generated Revenue of the 1st Respondent for any reason pending the hearing and determination of the Appeal pending before the Court of Appeal filed by the Appellant/Applicant.

2. AND for such further order or orders as the Honourable Court may deem fit to make in the circumstances of this case."

The application is anchored on the following two grounds:

"1. There is the issue of massive and unlawful expenditure of public funds running into billions of Naira by the Respondent without recourse to the established provision of the law.

2. There is need to preserve the res being the internally generated public funds of the 1st Respondent which the Respondents…

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