Facts
The Appellant, Dr. Jeremiah Abalaka, claimed that he had made a therapeutic breakthrough in the treatment of HIV. Following his claim, he was invited by the Medical & Dental Practitioners Investigating Panel (the “3rd Respondent”), on 22nd May 2022, to appear before the 3rd Respondent for investigation of his HIV treatment claims. To enforce his fundamental rights to fair hearing, the Appellant filed an ex-parte application at the High Court of the Federal Capital Territory, arguing that the 3rd Respondent was acting as the accuser, prosecutor, and judge in its own case.
The court initially granted an interim injunction restraining the Respondents from investigating the Respondents. However, it eventually struck out the motion on jurisdictional grounds. The Appellant filed the same application before the Federal High Court but it was refused on the ground that the reliefs sought by the Appellant fell outside the scope of Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The Appellant appealed to the Court of Appeal, which dismissed the appeal. Dissatisfied, the Appellant appealed to the Supreme Court.
