Disable Preloader

CaseLaw

Nigerian Communication Commission V. Motophone Ltd (2019) CLR 4(g) (SC)

Judgement delivered on April 12th 2019

Brief

  • Kekere-EkunAward of damages
  • Grounds of appeal
  • Formulation of issues
  • Fair hearing
  • Raising issue suo motu
  • Breach of contract
  • Subsisting judgement
  • Section 6 (1) (c) and (e) of the NCC Act, 1992
  • Section 86 of the Nigerian Communications Act, 2003
  • Section 87 of the Nigerian Communications Act, 2003
  • Section 88 of the Nigerian Communications Act, 2003
  • Section 87 of the Evidence Act 1990
  • Order 47 Rule 3 of the Federal High Court (Civil Procedure) Rules, 2000
  • Order 6 of the Supreme Court rules

Facts

The 1st Respondent, as Applicant, took out an Originating Motion at the trial Federal High Court against the Appellant and the 2nd Respondent for a judicial review as to whether the confiscation of the rights and property of the 1st Respondent was constitutional and legal, as contained at pages 3-5 of the record thus:

  • 1.
    A DECLARATION that the letter MC/TD/2000/VOL 1 dated 3rd October, 2000 from the Minister of Communications to the Applicant purporting that the frequency assignment given to Applicant has "already expired" is
  • i.
    a confiscation of the rights and property of the Applicant and is illegal, unconstitutional, null and void;
  • ii.
    wrongful, invalid and ineffectual;
  • iii.
    substantively and procedurally ultra vires the powers of the Respondents and is null and void; and
  • iv.
    is perverse, arbitrary, capricious and unreasonable and by reason thereof beyond the powers of the respondent to make and is null and void.

Issues

  • 1.
    Whether the Court of Appeal was right in law to have dismissed the appeal...
    Read More