BARRISTER JOHN DURU MASTER CHIZOBA OGARAKU V. PATRICK NWANGWU NONYELUM NWANGWU
(2006) JELR 51224 (SC)
Supreme Court
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SC. 255/2001
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26 May 2006
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Nigeria
Coram
IDRIS LEGBO KUTIGI JSC (Presided) ALOYSIUS I. KATSINA-ALU JSC (Read the Lead Judgment) IGNATIUS CHUKWUDI PATS-ACHOLONU JSC SUNDAY AKINOLA AKINTAN JSC MARIAM ALOMA MUKHTAR JSC
Appearances
John Duru in person and for the Appellants.
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Tunde Odanye - for the Respondent.
Judgement
<p><strong> KATSINA-ALU JSC (Delivering the Lead Judgment): </strong> The appellants herein had on 14th December, 1995 filed at the High Court, Lagos a motion <em> ex parte </em> under the Fundamental Rights (Enforcement Procedure) Rules, 1979 seeking:</p><p>(a) Leave to apply to the court for the enforcement of their fundamental rights as guaranteed by the 1979 Constitution of the Federal Republic of Nigeria (as amended). </p><p>(b) That the granting of this leave shall operate as a stay of all actions or matters relating to or connected with this complaint until determination of the application.</p><p>(c) That the motion paper and all the processes in this suit shall be served on all the respondents within 14 days. The motion was heard and granted by Bioshogun J. on 18th January, 1996.</p><p>Following the leave granted by Bioshogun J. the appellants on 31st January, 1996 filed a motion at the Federal High Court, Lagos praying the court for:</p><p>(a) A declaration that the arrest and detention of the applicants at the barracks police station, Su…</p>