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FEDERAL POLYTECHNIC BAUCHI & ANOR V. ABDULFATTAH ABOABA & ANOR

(2013) JELR 34041 (CA)

Court of Appeal  •  CA/J/230/2006  •  31 May 2013  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JUMMAI HANATU SANKEY JCA; PETER OLABISI IGE JCA;

Appearances
Mr. N. Balan Malam Esq. For Appellant Mr. S. O. D. Wurno Esq. For Respondent

Judgement

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Bauchi State holden at Bauchi, (hereinafter referred to as the trial Court) delivered on the 4th day of March, 2004, per H. M. Tsammani J.

The 1st and 2nd respondents as applicants severally sought and obtained the leave of the trial Court to apply for the enforcement of their fundamental rights to fair hearing, pursuant to the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (hereinafter referred to as the Constitution). They subsequently by way of originating summons filed their respective complaints against the appellants as respondents, in line with the provisions of Order II Rule 1(1) of the Fundamental Rights (Enforcement Procedure) Rules, 2009 (hereinafter referred to as the Rules). By consent of both sides, the respondents' learned counsel applied for and the trial Court granted the consolidation of the two…

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