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MR. SILAS JUMBO ESSIEN V. CHIEF AKPAN INYANG & ORS

(2011) JELR 46742 (CA)

Court of Appeal  •  CA/C/103/2008  •  25 Feb 2011  •  Nigeria

Coram
JAFAARU MIKA'ILU JCA; MASSOUD A. OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): At the High Court of Akwa Ibom State Holden at Uyo, the appellant commenced proceedings for enforcement of fundamental human rights by filing a motion exparte No. HU/MISC.536/2006 on 10th October, 2006 for "leave to apply to enforce his fundamental rights and for the redress against the violation of same by the Respondents." The appellant sought declarations, injunction and N5 million as damages and compensation against the Respondents.

Filed with the motion exparte were the Statement of Applicant; Reliefs sought by him and grounds for the reliefs as well as the verifying and supporting affidavit of three paragraphs to which documents numbered as exhibits A, B, C, D, E, F, G1 and G2 were attached. Leave was granted by the lower court on 16th October, 2006 where upon the appellant filed the motion on notice on 26th October, 2006 under Sections 42, 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 and t…

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