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VICTOR ANOZIE v. INSPECTOR GENERAL OF POLICE & ORS

(2016) JELR 36976 (CA)

Court of Appeal  •  CA/L/419/12(R)  •  28 Apr 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; CHINWE EUGENIA IYIZOBA JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

?SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of M. B. Idris J, of the Federal High Court, Lagos Division contained in the ruling of the Court dated the 2nd day of March, 2012 whereby the learned trial judge dismissed the Appellant's motion on notice dated the 28th day of June, 2011 and refused to set aside his null judgment given without jurisdiction on the 13th day of October, 2010.

The fact which led to this appeal are as follows:

?The Appellant vide his motion ex parte dated the 11th day of May, 2009 and filed on 27th day of May, 2009 applied for the leave of the trial Honourable Court to enforce his Fundamental Human Rights. The motion Ex-parte was brought pursuant to Order 1 Rule 2 (1) (2) (3) (4) 6, Order 4 Rules 1(2) (3) (4) and (6) of the Fundamental Human Rights. (Enforcement Procedure) Rules 1979. His application for leave was accompanied with a statement stating the names addresses and description of the Applicants, the reliā€¦

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