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ABUBAKAR TATARI ALI POLYTECHNIC v. CHARLES MAINA

(2005) JELR 36127 (CA)

Court of Appeal  •  CA/J/231/2000  •  1 Mar 2005  •  Nigeria

Coram
AMIRU SANUSI JCA; IFEYINWA CECILIA NZEAKO JCA; IKECHI FRANCIS OGBUAGU JCA;

Judgement

SANUSI, J.C.A. (Delivering the Leading Judgment): At the Bauchi State High Court (hereinafter called "the lower court"), the respondent as applicant filed an application dated 27/3/1998 to enforce his fundamental rights against the present appellant as respondent thereat, pursuant to Order 2 rule 1 of the Fundamental Rights (Enforcement Procedure) Rules of 1979. In the application he sought the following reliefs:

1. A declaration that the act or series of acts of the respondent's towards or concerning or with regards to the applicant constituted a violation of the applicant's fundamental rights.

2. An order directing the payment of N1,000,000.00 general damages for breach of the applicant's fundamental human rights.

The facts which gave rise to the aforesaid claims are briefly summarized thus:

The respondent herein was under the employment of the appellant, herein as officer in charge of expenditure. Part of his duties includes payments of expenditures approved by the bursar and theā€¦

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