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HRH EZE KYRIAN CHINEDO & ORS V. CAROLINE IREKA

(2016) JELR 36829 (CA)

Court of Appeal  •  CA/OW/157/2012  •  28 Apr 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

PETER OLABISI IGE, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision of the HIGH COURT OF Imo State, ORLU JUDICIAL DIVISION in Suit No. HOR/117/2011 contained in the judgment of Honourable Justice L.C. AZUAMA delivered on the 5th day of April, 2012.

The Respondent had by the said Suit or action initiated against the Appellants Fundamental Rights Enforcement Proceedings wherein he sought for the following Reliefs viz:

(i) A DECLARATION that the ostracism/banishment placed on the Applicant by the 1st to 8th Respondents violates the Applicant’s Fundamental Right to freedom of Association as guaranteed by Section 36, 34 (1), (a), (b), (c), 40, 41, 42 and 43, respectively of the Constitution of Federal Republic of Nigeria 2011 as Amended.

(ii) AN ORDER of Honourable Court compelling the 1st to 8th Respondents rescind the order of ostracism placed on the Applicant and to announce same the villages making up Ntueke Community. (sic).

(iii) AN ORDER compelling the 1st …

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