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ABAYOMI FABUNMI V. INSPECTOR GENERAL OF POLICE, ABUJA & ANOR

(2011) JELR 49107 (CA)

Court of Appeal  •  CA/I/164/2003  •  3 May 2011  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

MOORE A.A. ADUMEIN, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision delivered by CHUKWURAH NNAMANI, J. of the Osogbo Division of the Federal High Court delivered on the 11th day of July, 2002. The appellant was not satisfied with decision of the lower court which ordered that his suit, under the Fundamental Rights (Enforcement Procedure) Rules be "commenced by way of Writ of Summons for a better consideration of the case ..." and the appellant filed a notice of appeal containing 5 (five) grounds. The five grounds, weeded of their particulars, are reproduced hereunder:

"1. The lower court erred in law to have refused leave on the applicant's application for Leave to enforce his Fundamental Rights under the Fundamental Rights Enforcement Procedure Rules 1979.

2. The learned trial judge committed error in law by ruling that redress in violation of the applicant Fundamental Rights is better commenced by filing Writ of Summons and Statement of claim than by goin…

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