Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
deposed to in support of the application were<br />
neither challenged nor disputed by the<br />
respondent. What this means is this. Those<br />
facts remain unchallenged and<br />
uncontroverted. The inevitable consequence is<br />
that those facts deposed to in the affidavit led<br />
by the applicant must be deemed to have<br />
been admitted by the respondent and must<br />
also be taken as true by the court unless they<br />
are obviously false to the knowledge of the<br />
court. See Alagbe v. Abimbola (1978) 2 SC 39<br />
at 40." Per ABOKI, J.C.A. (Pp. 71-72, paras.<br />
D-C) - read in context<br />
19<br />
ABOKI, J.C.A. (Delivering the Leading<br />
Judgment): This is an appeal against the ruling of<br />
B.F.M. Nyako, J. of the Federal High Court, Abuja<br />
delivered on Thursday, 7th October, 2004 in which<br />
the learned trial Judge struck out the appellant's<br />
suit on the basis that the appellant has no locus<br />
standi to maintain the action.<br />
The facts of the case are that the appellant as<br />
plaintiff in the lower court instituted an action<br />
against the respondents seeking for determination<br />
of the following questions:-<br />
"(a) Whether any public officer in Nigeria<br />
particularly a Minister of the Federal Republic of
Change language