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(2021) JELR 106966 (CA)

Court of Appeal  •  CA/C/370/2019  •  17 Mar 2021  •  Nigeria

Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA


JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 8th January, 2019 in the High Court of Akwa Ibom State sitting at Etinan.

The Respondent was the Applicant in the High Court (the Court below) while the Appellants were the Respondents in a fundamental rights application.

The Respondent filed a motion on notice pursuant to Order I Rule 2, Order II Rules 1(2) and (3) of the Fundamental Rights (Enforcement Procedure) Rules 2009 for an order enforcing his right to acquire and own property, freedom from compulsory acquisition of property, fair hearing and dignity of his person.

The Respondent as Applicant sought for the following reliefs:

“1. A DECLARATION that the forceful demolition of the applicant’s house/building on the 7th of January, 2018 by the agents of the respondents is null and void as it violates the applicant’s Fundamental Rights as enshrined under Section 43 and 44 of the 1999 Constitution of the Federal Republic o…

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