Nigerian Communications Commission V. Motophone Limited & Anr. (2007)

LawGlobal-Hub Lead Judgment Report

MARY U. PETER-ODILI, J.C.A.

This is an appeal from the final decision of the Federal High Court Abuja presided over by Honourable Justice S. J. Adah delivered on 8th July, 2005 by which the Lower Court awarded the sum of $10 million (Ten million dollars) against the Appellant for offering to refund to the 1st Respondent its licence fees.

The Appellant also raised objections against the suit and the claims (by way of a Notice of Preliminary Objection dated 15th October, 2005 as follows:-

1. Statute bar by virtue of the Public Officers Protection Act;
2. Lack of cause of action or reasonable cause of action
3. Lack of jurisdiction and
4. Abuse of Court process,

The Lower court dismissed these objections. It is against the dismissal of the preliminary objection, the findings and award of general damages that the Appellant has appealed to the Court of Appeal on a six ground Notice of Appeal dated 8th August, 2005.

The Grounds of Appeal shall hereunder be stated without their particulars as follows:-

GROUND ONE:

The learned trial Judge erred in law in overruling the Appellant’s Preliminary Objection.

GROUND TWO:

The learned trial Judge erred in law and on the facts when he awarded damages in the sum of US $10 million as general damages.

GROUND THREE:

The learned trial Judge erred in law and on the facts when he awarded damages in the sum of US$10 million as general damages.

GROUND FOUR:

The learned trial Judge erred in law in holding that the Appellant was in breach of the licence.

GROUND FIVE: