EKENGO & ORS V. NDDC & ANOR

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 6th May, 2015 in the High Court of Akwa Ibom State in the Ikot Abasi Judicial Division striking out the application of Appellants for the enforcement of their fundamental human rights for being incompetent.

 The Appellants had applied under Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009 for the following reliefs:

1. A declaration that the acts of the Respondents in compulsorily taking over and demolishing seventy-five houses in the course of their dredging shore reclamation contract without compensation is illegal, unlawful and unconstitutional.

​2. N100,000 compensation for depriving them of the constitutional rights to own seventy-five houses belonging to them.

3. An order restraining the Respondents from further taking over of the immovable properties of the appellants until the Appellants are adequately compensated.

The case of the Appellants as …