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IWUJI v. EKWEGHARIRI

(2019) JELR 91624 (CA)

Court of Appeal  •  CA/OW/306/2017  •  6 Mar 2019  •  Nigeria

Coram
RITA NOSAKHARE PEMU, J.C.A.  ITA GEORGE MBABA, J.C.A. IBRAHIM ALI ADENYANGTSO, J.C.A.

Judgement

PEMU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court 2 Owerri Division, delivered on the 1st of March 2017 in Suit No. FHC/OW/193/2016.

Synopsis of Facts

In the matter for the Enforcement of Fundamental Rights, insuit No.FHC/OW/CS/193/2016, the applicant (respondent in the present appeal had brought an application for inter alia the enforcement or securing the enforcement of her fundamental rights as guaranteed under sections 34(1), 35(1) and 41(1) of the 1999 Constitution (as amended)-Pages 1-26 of the record of appeal.

The appellant’s story is that on the 13th of November 2013, one Christopher Udah, brother inlaw to the 1st respondent/appellant was kidnapped from the family house of the appellant at Mbaise, while the appellant and his family were in Lagos.

The said brother inlaw was killed and his body was found abandoned at Eke Mpam, the Market Square of the community. This was while negotiation to pay the ransom was going on.

T…

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