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CHIEF (DR.) O. FAJEMIROKUN V. COMMERCIAL BANK NIG. LTD. & MR DELE ODUNOWO

(2009) JELR 42119 (SC)

Supreme Court  •  SC.336/2002  •  20 Feb 2009  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; ALOMA MARIAM MUKHTAR JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; JAMES OGENYI OGEBE JSC;

Judgement

J. O. OGEBE, J.S.C (Delivering the Leading Judgment): The appellant brought an application exparte before the Lagos High Court for the enforcement of his fundamental rights against the respondents. He was granted leave to enforce his fundamental right. When issues were joined between him and the respondents, the trial court listened to the arguments of both sides and struck out the appellant's application. The appellant appealed to the Court of Appeal and the appeal was dismissed. This is a further appeal to the Supreme Court. The learned counsel for the appellant filed a brief of argument on his behalf and formulated two issues for determination as follows:

1. "Whether the particulars as contained in the Appellant's processes have not sufficiently made out a case for the violation of his fundamental human rights."

2. "Whether the Appellant was bound to join the Police as a party having identified the Respondents as responsible for the violation of his rights."

The respondents also fi…

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