33. In the instant case, the Applicant alleged that the hearing of the disciplinary
committee set up to investigate an allegation of misconduct against him
disregarded the principle of fair hearing particularly as the composition was
irregular. Having alleged the violation of human right, the Court is within its
competence to adjudicate on the decision as regards its compliance with the right
to fair hearing guaranteed under Article 7 of the Charter. The objection of the
Respondent in this regard is therefore dismissed.
34. Whether the facts presented by the Applicant disclose a reasonable cause
of action against the Respondent
The Respondent also claimed there is no cause of action as against it requiring
the court to consider. The Applicant on his own part replied that he was denied
fair hearing during a disciplinary procedure presided over by the NJC same
premised on a petition by a party dissatisfied with a judgement he delivered.
Furthermore, the Committee which was improperly constituted and thus
incompetent concluded and a warning letter was issued to him in addition to
placing him on the judicial watch list. That this impugned his reputation and
breached his right to fair trial.
35. In addressing this issue, the Court in several of its decisions has defined cause
of action as follow;
“A matter for which an action can be brought, a legal right predicated on facts
upon which an action may be sustained. It is a right to bring a suit based on
factual situations disclosing the existence of a legal right. It is often used to
signify the subject matter of a complaint or claim on which a given action or suit
is grounded whether or not legally maintainable”. See INCORPORATED TRUSTEES
OF FISCAL & CIVIL RIGHTS ENLIGHTENMENT FOUNDATION V. FED REP OF
NIGERIA & 2 ORS ECW/CCJ/JUD/18/1 AND REV. FR. SOLOMON MFA & 11 ORS v.
FEDERAL REPUBLIC OF NIGERIA & 5 ORS JUDGMENT NO ECW/CCJ/JUD/06/19 @ Pg.
36. The court further expatiated on this principles when it held that;
“A cause of action is the heart of any complaint, and it is gleaned from the
pleadings that initiate a lawsuit. Without a proper and adequately stated cause
of action a Plaintiff’s case may be dismissed at the outset. It is not sufficient
merely to state that certain events occurred that entitles the Plaintiff to relief. All
the elements of each cause of action must be detailed in the application” See
EBERE ANTHONIA AMADI & 3 ORS v. THE FEDERAL GOVERNMENT OF NIGERIA
JUDGMENT NO ECW/CCJ/JUD/22/19 @ Pg. 10
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