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CROSS RIVER STATE WATERBOARD LIMITED v. CHIEF BENEDICT ONEN & ORS

(2016) JELR 42319 (CA)

Court of Appeal  •  CA/C/195/2012  •  10 May 2016  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment):This is an appeal against the ruling and judgment of the High Court of Cross River State, Ugep Division, delivered by Honourable Justice Michael Edem, J., on March 20, 2012.

The 1st-4th Respondents, who were the applicants in the lower Court, commenced Suit No. HUG/60/2010 for the enforcement of their fundamental rights as cognizable under Section 44 Subsection 1 of the Constitution of the Federal Republic of Nigeria, 1999, as amended; and Articles 14 and 21 (1) and (2) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2014. The 5th-6th Respondents herein, who were the 2nd and 3rd respondents in the lower Court, filed counter affidavits and/or raising preliminary objections. The Appellant, which was the 1st respondent at the lower Court, alleged that it was not served with the originating process in the matter. The lower Court however found otherwise. Th…

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